Derek Friend

Following a successful urgent motion under the Hague Convention for the return of a child to Missouri, the applicant father sought full recovery costs of $18,929.20.

The court found that the respondent mother acted in bad faith and unreasonably by making unsubstantiated allegations of abuse, failing to return the child, and absconding with the child after the initial order.

The court awarded costs approaching full recovery, fixed at $15,000, and ordered the costs to be enforceable as support by the Family Responsibility Office.

The applicant brought a motion for summary judgment to set aside a separation agreement.

The respondent raised a preliminary objection that the summary judgment procedure was unavailable because the applicant had also claimed a divorce.

The court dismissed the objection, finding that the rules only prohibit using summary judgment to obtain the divorce itself.

On the merits, the court found the separation agreement was grossly improvident, as the applicant waived substantial spousal support, her interest in the matrimonial home, and equalization of the respondent's pension without independent legal advice.

The court concluded the respondent exerted his will over the applicant, resulting in an unconscionable agreement, and exercised its discretion under section 56(4) of the Family Law Act to set it aside.