The moving party, the nephew of the respondent mother, brought a motion to be appointed as her litigation guardian and to set aside a default judgment granting a divorce and corollary relief to the applicant father.
The court found the mother was mentally incapable of representing herself due to schizophrenia and appointed the nephew as litigation guardian.
The court declined to set aside the divorce itself but set aside the corollary relief (custody, access, property) because the mother had a plausible explanation for her default, moved promptly once her nephew became involved, and had an arguable case on the merits.
