The respondent in a family law proceeding brought a motion to set aside a final default order issued after an uncontested trial granting custody, support, and related relief to the applicant.
The court considered the established test for setting aside a default judgment: promptness in bringing the motion, a satisfactory explanation for the default, and the existence of an arguable case on the merits.
The court found the respondent acted promptly after learning of the order, provided a reasonable explanation for failing to file an answer due to concurrent criminal, civil, and investigative matters, and demonstrated significant issues requiring adjudication, including custody arrangements and complex financial disclosure.
The court was also troubled that the applicant proceeded to an uncontested trial despite knowing the respondent had recently retained counsel who indicated responding materials were forthcoming.
The default order was set aside except for the existing parenting schedule, which remained temporarily in force pending further proceedings.
