This is a costs decision arising from a motion for custody and access in a high-conflict family law matter involving a child with significant special needs and medical requirements.
The applicant mother sought custody and access, while the respondent father made competing claims for sole custody and supervised access for the mother.
The court awarded sole custody to the mother and restricted the father's access.
The mother was successful on the motion and sought costs of $14,203.20.
The father argued the amount was excessive and claimed inability to pay.
The court found the father's conduct was unreasonable throughout the litigation, including his refusal to vacate the home despite repeated requests, his assault of the mother, his refusal to engage with settlement negotiations, and his failure to present adequate evidence for his claims.
The court awarded costs to the mother on a substantial recovery basis.
