Frykberg v. Frykberg

HEDRICK, Chief Judge.

The central issue on this appeal is whether the court erred in treating the separation agreement as a court order, subject to modification, under the terms of the consent judgment entered 16 February 1981. For the reasons set forth below, we hold that the court erred in its ruling, and accordingly vacate in part the judgment entered.

Because of “great confusion” generated by the “dual consent judgment approach,” our Supreme Court recently abolished the traditional distinction in domestic law between consent judgments in which the court merely approves or sanctions a…