In Re Marriage of Brockman

Wife appeals the denial of her motion to vacate following a judgment of dissolution. We reverse.

The issue on appeal is whether wife can set aside a property and custody settlement agreement that she signed to end the parties’ bitter custody dispute. The facts are as follows: In 1984, wife filed for divorce in Pasadena seeking to terminate her five-year marriage to respondent. At the same time, she obtained an ex parte order restraining husband from approaching within 100 yards of herself, the couple’s young son, and appellant’s 14-year-old daughter. Respondent stated that this action was never served on him, however, and shortly thereafter he filed his own petition for dissolution in Burbank. In spite of the restraining order, appellant allowed respondent to take the children away for the weekend. Respondent flew the children from Sacramento, where they were staying with appellant, to Los Angeles, and refused to return them. He then applied for, and was granted, his own ex parte order in Burbank awarding him custody of the children.

After some weeks with the children, however, respondent reconsidered and offered to return custody to appellant. Appellant stated that…