The applicant moved to enforce a term of a separation agreement allowing her to discharge a mortgage on her home at two-thirds of its face value.
The respondent opposed the motion and sought to set aside the agreement entirely, alleging the applicant had fundamentally breached multiple terms regarding access, child support enforcement, and mediation.
The court dismissed the applicant's motion, finding that significant factual disputes existed regarding the alleged breaches, making it inappropriate to enforce the settlement on a summary motion.
The respondent was ordered to continue paying child support while pursuing his application to set aside the agreement.
