The respondent father brought a motion seeking three orders: (1) to set aside the default judgment and striking of his Motion to Change; (2) to set aside the order allowing the applicant mother's Response to proceed as an uncontested trial; and (3) to set aside ex parte temporary orders restricting his access to his son and imposing a restraining order.
The father had a history of missed court appearances and procedural non-compliance spanning several years.
The court set aside the default judgment and striking order, finding that the interests of justice favored allowing the father to be heard on the mother's newly sought relief in her trial materials, despite his poor procedural conduct.
The court restored the 50-50 residence arrangement but maintained the restraining order and imposed conditions on the father's conduct, including restrictions on alcohol and drug use during the child's residence with him and prohibition on personal use of the child's electronic devices.
