Somers & Somers

In the matter of *Somers & Somers*, heard by Judge Scarlett, the applicant and respondent sought declarations regarding the enforceability and termination of a Child Support Agreement dated 2 November 2005. The dispute centred on whether the agreement remained in force for all three of their children, [X], [Y], and [Z], or if it had been terminated in relation to one of them. The proceedings also involved an enforcement summons concerning claimed arrears.

The court was required to determine two primary legal issues: first, whether the Child Support Agreement of 2 November 2005 remained in force in respect of all three children, [X], [Y], and [Z]; and second, the effective date of any termination of the agreement concerning any of the children. The court also had to address the outstanding matter of arrears claimed under an enforcement summons.

Judge Scarlett declared that the Child Support Agreement remained in force for children [Y] and [Z]. However, the court found that the agreement had been terminated in respect of child [X] with effect from 15 March 2011. The court then made orders for the applicant to provide details of the claimed arrears, granting the respondent leave to respond, and setting a date for further mention of the proceedings.