Sabri v. Harara

Sabri v. Harara

Mother retained primary custody; relocation to Dubai permitted only after the resulting order is registered in Dubai; detailed communication and access regime set (web visits, email, monthly updates, annual Halifax visit, notice requirements); father’s income imputed at $32,775/year based on under‑employment and nondisclosure, leading to $290/month child support until relocation and $145/month after relocation; access supervised or restricted until father provides separate sleeping arrangements; payments through Maintenance Enforcement Program.

Citation
2010 NSSC 329
Parties
Petitioner: Nada Sabri; Respondent: Abdullah Harara
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 August 2010
Procedural Posture
Family Law Custody and Relocation / Decision
Outcome
Application granted in part: mother granted primary custody and permission to relocate to Dubai subject to conditions; access and child support orders varied.
Legal Topics
Child Relocation, Shared Parenting, Imputation of Income, Access/contact, Best Interests of the Child
Source Language
English
Family Law Child Support Custody Mobility/relocation Child Relocation Shared Parenting Imputation of Income Access/contact +1 more

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Parties

Nada Sabri

Petitioner

Abdullah Harara

Respondent

Procedural Posture

Family Law Custody and Relocation / Decision

Legal Issues

  1. 1 Whether the custodial parent may relocate the child to Dubai
  2. 2 What custodial arrangement is in the child's best interests under Gordon v. Goertz
  3. 3 Whether income should be imputed to the father under the Federal Child Support Guidelines

Ratio Decidendi

Mother retained primary custody; relocation to Dubai permitted only after the resulting order is registered in Dubai; detailed communication and access regime set (web visits, email, monthly updates, annual Halifax visit, notice requirements); father’s income imputed at $32,775/year based on under‑employment and nondisclosure, leading to $290/month child support until relocation and $145/month after relocation; access supervised or restricted until father provides separate sleeping arrangements; payments through Maintenance Enforcement Program.

Court Disposition

Application granted in part: mother granted primary custody and permission to relocate to Dubai subject to conditions; access and child support orders varied.

Orders

  • Mother granted primary custody and may relocate child to Dubai only after the court order is registered in Dubai
  • Until registration in Dubai is complete, mother and child shall not relocate