Catharine A. Haber

This is a costs decision arising from a temporary motion for custody and child support of a child born in December 2011.

The applicant mother sought custody, a specified access schedule, and child support.

The respondent father opposed the custody order and sought a different access schedule with overnight visits, as well as the appointment of the Office of the Children's Lawyer.

The court granted temporary custody to the mother with specified day access to the father (no overnights), ordered child support based on the father's prior year income, and declined to appoint the Office of the Children's Lawyer.

The mother was substantially successful on all issues.

The court awarded costs to the mother, finding she acted reasonably throughout and served a reasonable offer to settle, while the father acted unreasonably by failing to make a counter-offer to settle.

The mother brought a motion for a temporary order requiring the child to attend Springfield Preparatory and Nursery School commencing September 2012.

The child, age 10, had been diagnosed with a mild learning disability and mild ADHD and was struggling academically in a French immersion program at his current public school despite receiving an Individual Education Plan and private tutoring.

The father opposed the motion, proposing an alternative public school with specialized resources.

The court granted the mother's motion, finding that the private school with smaller class sizes and a supportive teaching approach would better meet the child's educational and emotional needs, particularly given the public school system's historical inability to address the child's needs.