The Father in this family law dispute filed a family Application seeking to vary a parenting and child support Order, an amended Order, and a child support Order.

The Mother filed a family Cross-Application seeking an Order granting her sole decision-making authority for school and medical decisions relating to the child, an order attributing certain income to the Father, and retroactive child support.

The matter was heard before a Justice who reserved but passed away before issuing a decision. The Court exercised its jurisdiction pursuant to Rule 13.1 and considered the Application and Cross Application on the basis of the record and the evidence that was before the late Justice. Both parties consented to the procedure without the requirement for further submissions.

The Court determined that because there was conflicting affidavit evidence and the fact that Summary Judgment is unavailable for proceedings under the Family Law Act, a final determination of the parties’ parenting issues must be determined by way of trial pursuant to Rule 12.51.