Henderson

The moving party failed to attend the family law trial, resulting in the dismissal of his spousal support claim and the trial proceeding in his absence.

Before final judgment was rendered, he retained counsel and brought a motion to reopen the trial.

The court applied the test for setting aside a default judgment by analogy, finding that while the moving party's explanation for his absence was inadequate, his spousal support claim had significant merit given the length of the marriage and income disparity.

To ensure procedural fairness, the court set aside the dismissal of the spousal support claim and reopened the trial for that issue only, but declined to reopen the property and equalization issues.

The applicant moved for temporary spousal support and the respondent cross-moved to vary a temporary parenting schedule to increase his access.

The parties have a special needs child requiring constant care, limiting the applicant's employment.

The court ordered the respondent to pay mid-range temporary spousal support of $1,070 per month, declining to impute a higher income to the applicant or deduct the respondent's debt payments.

The court dismissed the respondent's cross-motion to vary the parenting schedule, finding insufficient compelling evidence to alter the status quo pending the upcoming trial.

Two child protection agencies sought Crown wardship of five children born to deaf parents.

The four older children had been in care for over five years, and the youngest was apprehended at birth.

The parents sought the return of all children.

The court found all five children to be in need of protection due to the parents' history of transience, inability to meet the children's significant developmental needs, and lack of a stable housing plan.

The court ordered Crown wardship for all five children without parental access, finding that the parents could not provide the necessary stability and that parental access would not be beneficial and meaningful or would impair adoption.

Sibling access was ordered.