Is a court bound by the terms of a separation agreement?
Ontario, Canada
The following excerpt is from Kudoba v. Kudoba, 2007 CanLII 41273 (ON SC):
Nevertheless, the focus must be on the needs of the children. Support is their right, not that of the parent and, therefore, the court is not bound by the terms of the separation agreement. The agreement, however, is strong evidence the parties accepted the terms as providing for the needs of the children. (See Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670 (S.C.C.) for a detailed discussion, the principles therein continuing to be followed to date.)
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