Mara Denise Clarke

A costs endorsement in a family law matter concerning a mother's application to relocate with her 12-year-old child to Dominica and seek retroactive child support.

The father failed to provide required financial disclosure and failed to timely complete an intake form for the Office of the Children's Lawyer, causing the Office to decline services and rendering a scheduled settlement conference unproductive.

The court found the father's conduct unreasonable and awarded costs to the mother.

Mr. Sterling appealed a garnishment order and a previous costs order, arguing that the respondent, Ms. Gaskin, failed to properly serve cost submissions "in writing" and that he was unaware of the $8,000 costs order until much later.

The court dismissed the appeal, finding that email service constituted valid "in writing" service under the Family Law Rules, especially given the amendments post-COVID-19.

The court concluded that Mr. Sterling's appeal stemmed from misunderstandings regarding service methods and the terms of a prior settlement agreement, none of which constituted valid grounds for appeal.

The court also awarded Ms. Gaskin $2,000 in costs for the appeal, considering Mr. Sterling's financial circumstances and the need to uphold the justice system's integrity.

The respondent father brought a motion to set aside two final court orders concerning parenting and child support, arguing technological issues prevented his participation and that the applicant mother had agreed to mediation.

He sought leave to file an Answer/Claim, shared parenting, and recalculation of child support.

The court dismissed the motion, finding the father had adequate notice and made an informed choice not to participate, and that his claims lacked sufficient merit.