The applicant mother brought an urgent motion seeking to change the children's school from Sloane Public School to Birch Cliff Heights Public School due to concerns about COVID-19, as Sloane was located in a high-risk neighbourhood.
The parties had joint custody and had previously agreed the children would attend Sloane.
The court declined to take judicial notice of several specific medical and statistical assertions regarding COVID-19 and dismissed the applicant's motion to introduce fresh evidence.
Applying the best interests of the child test for changing schools and educational plans during a pandemic, the court found the applicant failed to provide compelling and cogent evidence that a change of schools was warranted.
The motion was dismissed, and the children were ordered to continue attending Sloane.