Event and Time
Event Description
- Application for expedition of an appeal regarding interim parenting orders made in family law proceedings between Ms. Bartz (appellant/mother) and Mr. Manthey (respondent/father).
- The appeal concerns orders made by Judge Neville on April 12, 2018, related to parenting time with their child, X, born December 2012.
Application and Claims
- Mother (Appellant): Requested an expedited hearing of the appeal due to unusual circumstances affecting the child and the importance of timely judicial decisions.
- Father (Respondent): Supported the application for expedition, indicating cooperation in the judicial process.
Judicial Decisions
- The application for expedition was granted, requiring the appeal to be expedited and establishing timelines for the submission of relevant documents and arguments.
- Final hearing dates were at risk of being jeopardized; however, the court acknowledged the child's welfare and the interests of justice necessitated rapid determination of the appeal.
Dispute Points and Legal Basis
Dispute Points
- Mother's Claims:
- Asserted that significant delay in receiving judgment represented procedural unfairness. - Stressed that the child was having difficulties with the existing orders and needs resolution. - Argued lack of a logical connection between the appeal and the final hearing scheduled for September 2018.
- Father's Claims:
- Expressed no opposition to the expedited appeal and indicated a desire for clarity on the interim orders.
- Court Considerations:
- Concern over efficient use of court resources if the same issues were being addressed in two different courts simultaneously. - Acknowledgment of procedural delays in providing reasons for judgment and staying orders.