Does a judge have jurisdiction to set aside a pre-existing agreement relating to the issue of legal custody?
Newfoundland and Labrador, Canada
The following excerpt is from F.F.R. v. K.F., 2013 NLCA 8 (CanLII):
The appellant’s first argument on this issue therefore fails. The trial judge had jurisdiction to set aside any pre-existing agreement relating to the issue of legal custody even where no application to set aside or vary was made if it was in the best interests of the child to do so. See Cheeseman v. Walsh, 2006 NLCA 31, 259 Nfld. & P.E.I.R. 134 at paras. 9-13.
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