How have the courts interpreted a custody agreement where the mother was granted sole custody of the child by the court?
Ontario, Canada
The following excerpt is from M.S. v. I.S., 2021 ONSC 3715 (CanLII):
In Smith v. Lau, Levine J. (dissenting) rejected the father’s argument that the agreement was repudiated because he was denied the only benefit to him, which was access to the parties’ child. Levine J. found that the provision granting sole custody to the mother provided additional benefits to the father because it enabled him to move to England, leaving her with all the responsibilities as sole custodian.
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