Sarah E. Jackson

The applicant mother and respondent father separated after a five-year relationship.

The mother sought final decision-making responsibility and primary residence of their three children, while the father sought equal parenting time and joint decision-making.

The court found a history of physical and psychological family violence perpetrated by the father against the mother, as well as emotional harm to the children.

The court concluded that cooperative parenting was not possible and granted the mother final decision-making authority and primary residence, with the father having parenting time on alternate weekends and one weeknight.

The father was also ordered to pay child support and his proportionate share of section 7 expenses.

The applicant husband sought to set aside a separation agreement, arguing lack of financial disclosure and unconscionability.

The court found the husband had sufficient knowledge of the wife's significant assets and liabilities, and that the agreement was not unconscionable.

The court upheld the separation agreement but varied child support, imputing a higher income to the husband based on his multiple sources of undisclosed income.

The wife's claim for reimbursement of credit card debt was dismissed as the agreement stipulated each party was responsible for their own debts.