On a motion to set aside portions of a default final family law order, the court applied the default judgment set-aside principles and held the moving party acted promptly, provided an adequate explanation for the default, and showed arguable merit on custody and child support.
The court emphasized that sole custody had been granted on an uncontested basis without a sufficient best-interests record and that the support order may have exceeded the relief claimed and overstated income.
The interests of justice favoured allowing participation in the proceeding, particularly given the age of the children, the ongoing dispute about parenting arrangements, and the potential prejudice arising from equalization claims.
Paragraphs dealing with custody and child support were set aside, enforcement was halted, and the moving party was permitted to file responding materials.
