The husband sought leave to appeal an order that adjourned a trial, prohibited him from seeking further disclosure, required payment of child support arrears before allowing a motion to vary support, and ordered $15,000 in costs thrown away.
The Divisional Court granted leave to appeal, finding good reason to doubt the correctness of the order.
The motion judge had improperly relied on the continuing record without notice to the parties, prohibited the exercise of a statutory right to seek a variation of support, and awarded substantial costs without evidence.
