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The court rejected a duress claim and increased the father’s parenting time from two to three 24-hour periods per month, subject to OT-related conditions.
The court dismissed a spousal support application, holding a full and final settlement with an express waiver barred relief and no statutory basis existed to set it aside.
The court held the parties were bound by their Minutes of Settlement, so the plaintiff could not bring original child and spousal support motions and the defendant could not unilaterally vary payments.
Leave was properly denied because the motion judge found the appellant had a flagrant and persistent history of disobeying court orders and there was conflicting evidence about whether a final binding settlement existed; given those facts the exercise of discretion by the motion judge was not susceptible to appellate interference.
Source excerpt
The court dismissed cross-applications over a family settlement, holding there was insufficient evidence to assess the fairness of the Minutes of Settlement.
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