Joshua Samuel Cohen

The applicant father brought an urgent motion seeking unsupervised parenting time and police enforcement, among other relief, in a family law case that had been dormant for nearly six years.

The respondent mother, now self-represented, sought an adjournment to respond to new allegations.

The court criticized both parties for the prolonged inactivity and for attempting to litigate complex, triable issues via motion, emphasizing that motions are not a substitute for a trial.

The judge granted the mother's adjournment request and requested Office of the Children's Lawyer involvement, declining to make immediate police enforcement orders given the child's expressed reluctance and the need for proper evidentiary standards.

The applicant mother brought an urgent motion seeking to temporarily relocate with the children to St. Julian’s, Malta, and for ancillary orders for primary residence and sole decision-making.

The respondent father opposed the relocation, citing concerns about the children's cultural, linguistic, religious, and stability needs, as well as his limited ability to share parenting time post-relocation.

The court granted the mother's motion, finding it in the children's best interests to allow the temporary relocation, primary residence, and sole decision-making to the mother until trial.

The decision also established a graduated in-person parenting schedule for the father, with the mother responsible for travel costs, and liberal daily video contact.

The respondent father brought a motion to change child and spousal support provisions in a separation agreement dated December 22, 1999.

The father sought to reduce his child support obligations based on declining commission income and to fix arrears at zero.

The applicant mother opposed the motion and sought to maintain the father's imputed income at $80,000 per annum, arguing the father was intentionally underemployed.

The court found that while the father's gross commission income had declined, he had been significantly underpaying child support by structuring his financial affairs to declare substantially less income than available.

The court imputed income at $80,000 per annum, ordered ongoing child support of $1,823 per month, and fixed arrears at $10,000.