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Leave granted to amend pleadings and order a third Voice of the Child Report before trial.
In a high-conflict family law proceeding, both parties sought leave to bring motions despite a prior order prohibiting further motions without leave.
The applicant father sought leave to amend his pleadings to request equal parenting time and an order for a third Voice of the Child Report (VOCR).
The respondent mother sought leave to bring motions for interim support and financial disclosure.
The court granted the father's requests, allowing the amendments and ordering a third VOCR, noting the child's right to have her voice heard.
The mother's requests for interim relief were dismissed as they were better suited for the impending trial.
Court determines date of separation and resolves competing claims for occupation rent and retroactive child support.
The parties separated after a long marriage, but disputed the date of separation.
The court found the date of separation was August 15, 2009, when the respondent announced her intention to separate during marriage counselling, despite the parties remaining under the same roof for another year.
The court resolved various financial issues, denying the respondent's claim for occupation rent and the applicant's reciprocal claims for home maintenance and improvements.
The court also denied claims for retroactive child support and pre-judgment interest on the equalization payment, but ordered prospective child support and the immediate sale of the matrimonial home without a right of first refusal.
