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Family court orders each party to bear own costs after mixed motion outcome.
Following a family law motion concerning custody, child support, and child support arrears, the court was asked to determine entitlement to costs.
Both parties had made settlement offers and engaged in resolution discussions prior to the hearing.
The court reviewed the principles governing costs under the Family Law Rules, including the presumption that a successful party is entitled to costs and the factors relevant to determining reasonableness and proportionality.
Considering the relative success of the parties and their conduct during the proceedings, the court found that neither party was clearly more successful and both acted reasonably in pursuing their positions.
