Levy and Howard

In the matter of *Levy and Howard*, heard before Justice Fowler, the dispute concerned final parenting orders sought by the mother. The father did not appear at the hearing, and his affidavit was not read into proceedings as he was unavailable for cross-examination.

The court was required to determine the appropriate parenting orders in circumstances where one parent was absent and unavailable for examination, and the other parent sought final orders. The court also considered the implications of the father's non-appearance and the availability of various reports and affidavits.

Justice Fowler reasoned that given the father's absence and the mother's application, the matter should proceed as an undefended hearing. The court dismissed the father's response to the application for final orders. Existing orders were discharged, and the court made orders for the mother to have sole parental responsibility and for the child to live with her. The child was ordered to spend time with the paternal great grandmother on alternate weekends, and no time with the father presently, though the father's right to apply for future orders regarding time with the child was reserved. The court also included a fact sheet detailing obligations and consequences of contravention, and discharged the Independent Children's Lawyer.