The applicant mother brought a motion seeking leave to adduce fresh evidence on her appeal of an arbitration award that ordered the parties' two children to change schools.
The mother sought to introduce evidence from the children's therapist and the parenting coordinator, which the arbitrator had previously refused to hear, as well as an updated Voice of the Child report.
Applying the Palmer test with the flexibility required in family law cases involving the best interests of children, the court allowed fresh evidence from the therapist and ordered an updated Voice of the Child report to ensure the appeal judge has current information.
The request to adduce evidence from the parenting coordinator was dismissed.
