Ward and Merry

In the matter of *Ward and Merry*, heard before Justice Ryan, the dispute concerned parenting orders. The applicant mother sought to amend her application, while the respondent father's response was challenged for want of prosecution.

The court was required to determine whether the respondent father's response should be struck out for failure to prosecute. Additionally, the court considered the mother's application to amend her existing application and the implications for the scheduled hearing dates. The court also addressed issues relating to the independent children's lawyer and the costs of the proceedings.

Justice Ryan ordered that the respondent father's response be struck out for want of prosecution. The applicant mother was granted leave to file and serve an amended application within seven days, which would then be heard as an undefended application on 26 July 2010. The previously allocated hearing dates of 27 and 28 July 2010 were vacated. The independent children's lawyer received leave to photocopy documents for provision to Dr B. Finally, the court gave leave for oral applications for costs against the father and ordered that the respondent father pay the costs of the independent children's lawyer and the mother, totalling $130 for each, within 28 days.