Rabab Abadat Buhari

This endorsement addresses the school placement of a child, M.T., and associated costs, following a prior court order.

Despite a directive to obtain a Voice of the Child Report, both parties failed to do so proactively.

The court deemed inadmissible additional evidence submitted by both parties that went beyond the scope of the requested information.

Relying primarily on M.T.'s Report Card, the court found credible the applicant's concerns regarding the child's social integration, academic challenges in mathematics, and the detrimental impact of a lengthy daily commute.

Consequently, the court determined it was in M.T.'s best interests to return to her former school, Ingleborough Public School.

On the issue of costs, the court found mixed success for the applicant, noting her incomplete evidentiary foundation and limited proactivity, and fixed costs at $8,000, payable partially immediately and the remainder from the respondent's share of matrimonial home proceeds.

The Applicant brought a motion seeking orders for their daughter, M.T., to return to her former school, Ingleborough Public School, and for the immediate sale of the matrimonial home.

The Respondent opposed both requests, preferring M.T. to remain at Havergal College and seeking more time to buy out the Applicant's share of the home.

The court deferred a final decision on M.T.'s schooling, ordering a Voice of the Child Report to ascertain her wishes, and temporarily directed M.T. to continue at Havergal.

Regarding the matrimonial home, the court ordered its sale, finding the Respondent's delay unjustified, and set out a detailed process for cooperation, including selecting a real estate agent and developing future housing plans, with a portion of sale proceeds to be held in trust pending equalization.

Costs were reserved for the schooling issue and not awarded for the home sale due to divided success.