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A self-represented, non-resident respondent was declared in default for repeatedly failing to file pleadings.
The decision addresses a motion by the applicant, Ms. Hill-Reyes, to have the added respondent, Ms. Pena, declared in default for failing to serve and file an Answer in a high-conflict family law proceeding involving custody and adoption issues.
The court reviews the procedural history, the barriers faced by the self-represented respondent living abroad, and the repeated opportunities given to participate.
Ultimately, the court finds Ms. Pena in default and imposes the consequences set out in subrule 1(8.4) of the Family Law Rules, barring her from further participation except as a witness.
