Radakovic and Buzov

In the matter of *Radakovic and Buzov*, heard before Justice Le Poer Trench, the dispute concerned the educational arrangements for the parties' child, [F], born in July 2000. The wife sought an order for the child to be enrolled at and attend [S School] for the 2011 school year. The central disagreement revolved around the husband's alleged capacity to contribute to the costs of this schooling, with the husband asserting he had no such capacity and no expectation that the child would attend that particular school, while the wife contended he did have the capacity to pay one half of the expenses.

The court was required to determine the immediate arrangements for the child's schooling for the upcoming academic year, specifically whether the child should be enrolled at [S School]. Furthermore, the court needed to address the contentious issue of the husband's financial contribution towards the child's education costs at that school, acknowledging the differing positions of the parties on his capacity to pay. The court also had to consider how the question of financial contribution would be resolved, whether through child support review or departure determinations.

Justice Le Poer Trench made an order in terms of the Wife’s Minute of Order. This order stipulated that the parties were to ensure the child's enrolment and attendance at [S School] for the 2011 school year. The court noted the husband's contention that he lacked the capacity to contribute to these costs and his denial of any expectation for the child to attend the school. It was also recorded that the wife contended the husband had the capacity to pay one half of the costs. The court further ordered that the issue of the husband's contribution, if any, would be subject to child support review and/or departure determinations. Pending a final determination on the contribution issue or a further agreement between the parties, the wife undertook to be responsible for the schooling costs.