Hershey v. Hershey

MORRIS, Chief Judge.

While it is true that the provisions of a valid separation agreement relating to marital and property rights of the parties cannot be set aside by the court without the consent of the parties, no agreement between husband and wife can serve to de prive the courts of their inherent authority to protect the interests of and provide for the welfare of minor children. Childers v. Childers, 19 N.C. App. 220, 198 S.E. 2d 485 (1973); and cases there cited; Rabon v. Ledbetter, 9 N.C. App. 376, 176 S.E. 2d 372 (1970), and cases there cited. However, “where parties to a separation…