In a recent Superior Court decision, the payment by one parent to another of what are essentially liquidated damages was reviewed for its applicability in a child custody case.
Traditionally, liquidated damages are damages that parties designate during the formation of a contract for the injured party to collect as compensation upon a specific breach. While enforcement provisions to reimburse parties for counsel fees on account of a breach of a property settlement agreement are fairly standard, they are not in child custody matters. At least not until recently.
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