The maternal grandparents of the parties' daughter brought a motion to be added as parties to the proceeding and to continue litigation on behalf of the deceased respondent.
The court dismissed the motion, finding that the proceeding was stayed under Rule 11.01 of the Rules of Civil Procedure due to the respondent's death and no Order to Continue had been obtained.
Furthermore, even if an Order to Continue had been obtained, the motion to add parties would fail under Rule 7(5) of the Family Law Rules because all issues between the original parties had been settled by consent, and the grandparents' claim for access must be brought in a separate application.
