Is a Family court judge permitted to direct the spouses to privately settle a case where one spouse is representing himself ?
In the case of Glaspy v. Glaspy [2011] N.B.J. No. 405, the judge did just that. However, in a decision released on November 17, 2011, a 3 judge appeal panel of the New Brunswick Court of Appeal subsequently determined that this was not appropriate.
In that case, the judge adjourned a hearing and directed the husband (who was representing himself) and the wife’s lawyer to another room in the courthouse with instructions to attempt to reach a settlement. In the meantime, the judge proceeded to hear other cases. About 4 hours later, they emerged from their meeting with terms of settlement that they wished to place on the court record. The terms of settlement increased the total monthly support to be paid by the husband from $1,100 to $2,642 per month. In addition, the husband undertook to pay all of the child’s university tuition and book expenses.
Later, the husband appealed this order and argued that he felt pressured to enter into the settlement.
The appellate court...
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