Hemming and Sims

In the matter of *Hemming and Sims*, heard by Mushin J, the father sought final orders concerning his children. The mother opposed these orders.

The primary legal issues before the Court were whether the father's application for final orders, specifically concerning paragraphs 1, 2, and 3 of his application, should be dismissed, and whether paragraph 4 of the application warranted referral to a Registrar and potentially a Judge for determination on the preliminary question of a significant change in circumstances justifying a full trial. The Court was also required to consider the costs of the application.

Mushin J determined that paragraphs 1, 2, and 3 of the father's application should be dismissed. However, paragraph 4 was referred to a Registrar for necessary orders and directions, with a further referral to a Judge to assess whether a significant change in circumstances had occurred, which would then determine if the matter should proceed to a full trial. The father was ordered to pay the mother's costs fixed at $600, with a three-month stay on this order. Liberty to apply was reserved for both parties.