Deborah Connerty

This case concerned the validity and enforceability of a separation agreement between former spouses, specifically regarding property division, financial disclosure, and parenting time for their son.

The applicant sought to set aside provisions related to property valuation, arguing that formal appraisals were intended and that the respondent failed to make proper financial disclosure.

The respondent opposed these claims but sought to set aside parenting time provisions that would shift the son's primary residence to the applicant upon turning 12, citing the son's stated wishes.

The court upheld the separation agreement as valid and enforceable in its entirety, dismissing both parties' primary claims to set aside specific provisions.

The court determined custody and access for the parties' five-year-old son.

The father sought sole custody due to the mother's untreated psychiatric illness (delusional disorder) and inconsistent access attendance.

The mother denied the diagnosis and sought joint custody.

The court found it was in the child's best interests to award sole custody to the father with supervised access to the mother, given the mother's refusal of recommended treatment and other concerns regarding her living arrangements and participation in the OCL investigation.

The existing restraining order against the mother was terminated.

A custody and access trial involving a seven-year-old child born to unmarried parents.

The father sought bi-weekly supervised access after nearly three years of no contact with the child.

The mother sought sole custody with no access.

The court found a history of domestic violence in the parties' relationship, with the father having a lengthy criminal record including assault convictions.

The Office of the Children's Lawyer recommended no access.

The court concluded that the child had developed significant fear and anxiety regarding the father, and that reintroducing him would cause emotional harm.

The court granted sole custody to the mother and ordered no access to the father, finding this was in the child's best interests despite the general principle that access is important.