The respondent father brought a motion for summary judgment dismissing the applicant mother’s claims for spousal support, property division, and sole custody.
The mother filed no responding materials and failed to appear on the motion.
The court held that summary judgment was not appropriate for the spousal support and property claims because the evidentiary record was incomplete, largely due to disclosure deficiencies.
However, relying on an uncontradicted Office of the Children’s Lawyer report and the father’s affidavit evidence, the court found no genuine issue requiring a trial on custody and access and granted the father sole custody with access to the mother.
The remaining financial claims were permitted to proceed to trial.
