3 total
Motion to stay support enforcement and temporarily vary support dismissed due to non-disclosure and unclean hands.
The respondent father brought a motion to stay the enforcement of his child and spousal support arrears and to temporarily vary his support obligations pending a final determination of his Motion to Change.
He argued that his termination from employment constituted a material change in circumstances.
The court dismissed the motion, finding that the respondent failed to establish a strong prima facie case due to his failure to file his 2023 income tax return.
The court also found no clear case of hardship, a lack of urgency, and that the respondent did not come to court with clean hands, having unilaterally ceased support payments and failed to provide updated financial disclosure.
Motion for leave to appeal dismissed with costs.
The moving party brought a motion for leave to appeal the order of the motion judge dated July 30, 2021.
The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party in the amount of $5,000.
Children ordered returned to mother's primary care pending long motion after father withheld them post-vacation.
The applicant mother brought an urgent motion for the return of the children to her primary care, temporary sole decision-making responsibility, and school enrollment after the respondent father failed to return the children following a summer vacation.
The respondent brought a cross-motion seeking primary residence and school enrollment in his municipality, alleging the children refused to return due to the mother's toxic home environment and excessive discipline.
The court ordered the children returned to the mother's primary care on a temporary without prejudice basis pending a long motion, granting her sole decision-making responsibility and the right to enroll the children in her chosen schools, while ordering alternate weekend parenting time for the father.
