Background

Mr. Davis and Ms. Davis are the parents of two children.  On February 14, 2016, Mr. Davis was personally served with a petition for custody of the children at an address provided by Ms. Davis.  As provided in Family Court Civil Rule 16, the case was then scheduled for mediation.  On February 23, 2016, the Family Court issued a notice to Mr. Davis, which was addressed to him at the same address where he received service of the petition for custody. The notice advised that mediation was scheduled for March 17, 2016 at 10:00 a.m.  A short time later, on March 4, 2016, Mr. Davis filed an answer to the petition for custody. In his answer Mr. Davis listed a different address than the one where he was served with the petition. On March 17, 2016, Ms. Davis appeared for mediation but Mr. Davis did not. As a result, the Family Court entered a default judgment in favor of Ms. Davis. Mr. Davis then filed his appeal appealed. In his appeal Mr. Davis argued that the Family Court erred in issuing a default judgment because he did not receive notice of the scheduled mediation. Davis v. Davis, No. 197, 2016 (Nov. 14, 2016).

Appeal

In its review of the record below the Supreme Court noted that it contained the envelope with the mediation notice, which was returned to the Family Court marked "Moved Left No Address, Unable to Forward, Return to Sender." Id. at *3. The Court also noted that Mr. Davis's answer listed a different address than the one used on the notice. In its Order reversing and remanding the Family Court's Order the Supreme Court stated:

'[D]efault judgments are typically inappropriate when important rights are at stake and there has been a lack of adequate notice to the party.' The record reflects that the [Mr. Davis] did not receive the mediation notice. Under these circumstances, we conclude that the Family Court abused its discretion in entering a default judgment against [Mr. Davis].

The decision may be read in its entirety here.

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