J. Grossman

The plaintiffs brought a motion pursuant to Rule 7.08 for approval of a settlement of the claims brought by the minor plaintiffs arising from a motor vehicle accident where the stepfather/father was struck by a vehicle while crossing a pedestrian crosswalk.

The proposed settlement was for $150,000, with $2,500 allocated to each minor plaintiff.

The court considered the liability risks, including the likelihood of contributory negligence and the application of the Family Law Act deductible.

The court found the settlement to be fair, reasonable, and in the best interests of the minor plaintiffs, and approved the settlement.

The applicant husband brought a motion to supplant a previous consent order that established a process for valuing and buying out or selling the matrimonial home.

The court dismissed the motion, finding it was an unjustified attempt to alter a previous agreement.

The respondent wife generously agreed to allow the husband a second opportunity to obtain a proper valuation, which the court ordered to be completed by a set date.

Costs of $3,000 were awarded to the respondent wife.

The parties separated and agreed to a final order granting the mother sole custody and the father reasonable access.

Days later, the mother abducted the children and fled to Dubai en route to Pakistan, violating the order.

The police intercepted her, and the children were returned to the father, who was granted temporary sole custody.

The father brought a motion to change the final order to grant him sole custody, while the mother sought to restore her custody.

The court found the mother had no credibility, had lied to the court and police, and had neglected the children's medical and educational needs.

Finding a material change in circumstances, the court awarded sole custody to the father and ordered that the mother have supervised access at her own expense.