The appellant appealed a motion judge's decision staying his motion to change a final family law order due to his egregious and exceptional non-compliance with prior court orders.
The Divisional Court upheld the motion judge's exercise of discretion under Rule 1(8) of the Family Law Rules, finding the appellant had willfully ignored numerous obligations, including support, tuition, life insurance, and costs.
However, the Court allowed the appeal in part to specify the exact conditions the appellant must satisfy to lift the stay and proceed with his motion to change.
The Court also confirmed that a prior $10,000 costs award was a debt under a support order not released by the appellant's bankruptcy.