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Custody Application decision
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.
Successful party awarded $9,000 costs after dismissal of support stay motion.
Following dismissal of a support payor’s motion seeking to stay child and spousal support obligations, the court determined the appropriate costs award.
Applying Rule 24 of the Family Law Rules, the court confirmed the presumption that the successful party is entitled to costs and considered factors including the parties’ conduct, proportionality of fees, and the impact of an unaccepted offer to settle.
Although the successful party sought full indemnity costs exceeding $24,000, the court found certain billings duplicative and limited the effect of the offer to settle to the period after its delivery.
The court fixed costs at $9,000 payable by the unsuccessful party in monthly installments.
