The father brought a motion for interim joint custody and the mother brought a cross-motion to strike paragraphs from the father's affidavit that referred to an off-the-record settlement meeting.
The father argued that the best interests of the child trumped settlement privilege and that the mother negotiated in bad faith.
The court found no evidence of bad faith by the mother and emphasized the importance of protecting settlement privilege to encourage parties to resolve disputes without fear of prejudice.
The mother's cross-motion was granted, and the offending paragraphs were struck.
