Victoria Nagessar

The Applicant sought an order to travel to Thailand with the child for three weeks during the school year.

The Respondent opposed, citing risks of abduction, dangers in Thailand, and academic detriment to the child.

The court dismissed the motion, finding that while many of the Respondent's concerns were speculative, the child's significant academic struggles made missing three weeks of school not in her best interests.

The court emphasized the importance of school attendance, especially for a struggling student.

This is a costs ruling following an emergency motion where the Respondent Father (RF) successfully obtained an order for the children to be re-enrolled in their original schools and for Newmarket to be the appropriate forum.

The RF sought over $14,000 in costs.

The Applicant Mother (AM) opposed the costs, arguing for proportionality and citing an inability to pay.

The court found the AM's unilateral decision to change schools unwarranted but deemed the RF's requested costs grossly disproportionate.

The AM was ordered to pay $3,500 in fixed costs to the RF, inclusive of HST and disbursements.