The Applicant sought various final orders at an uncontested family law trial.
The court declined to grant the final orders, finding that the Respondent, who was served while attending criminal court, may not have appreciated the significance of the proceedings and had not been served with the trial materials.
Additionally, the court found the Applicant's supporting affidavit to be procedurally and evidentiary deficient.
Consequently, the court granted temporary primary residence of the child to the Applicant, ordered the Applicant to serve a fresh affidavit and draft order, and adjourned the uncontested trial.
