The applicant father brought a motion for summary judgment to enforce a purported settlement agreement regarding custody and access, or alternatively, for an interim order granting him sole custody based on a custody assessment.
The mother opposed the motion, arguing she did not accept the offer and that the status quo of shared parenting should remain pending trial.
The court dismissed the motion for summary judgment, finding the mother's response was a counter-offer and there was no meeting of the minds.
The court also dismissed the request to change the interim parenting arrangement, finding no exceptional circumstances to alter the status quo.
The father was ordered to pay set-off child support of $809 per month, and the mother was ordered to pay half the cost of the custody assessment.
