The applicant brought a motion for increased temporary parenting time, including overnights, with the parties' two children.
The respondent opposed overnight visits for the younger child, citing the applicant's living arrangements, and relied on a separation agreement that restricted the applicant's parenting time.
The court found the separation agreement was likely signed under duress and disregarded its parenting provisions under s. 56(1) of the Family Law Act.
The court ordered a step-up parenting schedule for the younger child, leading to alternate weekend overnights, and restored the older child's previous overnight schedule, finding it in the children's best interests to maximize contact with the applicant.
