How have the courts interpreted the terms of a domestic contract where the husband and wife are married?
Ontario, Canada
The following excerpt is from Schmidt v. Amy, 2021 ONCJ 523 (CanLII):
[46] Courts are not bound by parenting terms in domestic contracts although they may give an indication about parental intentions at the time they were entered into. C. (M.A.) v. K.(M.), 2009 ONCJ 18; Libbus v. Libbus, 2008 CanLII 53970 (ONSC). They can also be reflective of the status quo – an important best interests consideration. B.C.J.B. v. E.-R.R.R., 2020 ONCJ 438.
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