M. Sager

The parties sought clarification of a previous order detailing a parenting schedule for their child.

The court defined the school year, summer school break, and professional activity days on consent.

The court also resolved contested issues regarding the definition of statutory holidays and the suspension of the four-week parenting cycle during the summer school break, expressing frustration at the parties' inability to cooperate and the need for the court to micromanage their schedule.

The mother brought a motion seeking a parenting schedule she argued would better reflect the intent of a prior final order providing for near equal parenting time.

The father opposed the motion and sought enforcement of the existing order, an order directing mediation pursuant to the dispute‑resolution clause in the order, and an order striking portions of the mother's affidavit that disclosed settlement negotiations.

The court held that settlement communications included in the affidavit were privileged and abusive to disclose and struck the relevant paragraph.

The court emphasized that parties who agree to mediation as a precondition to litigation should ordinarily be held to that obligation.

However, given the impending expiry of the existing schedule and the need for certainty for the child, the court imposed a parenting schedule for 2013 consistent with the parameters of the prior order.