Bill Rogers

The court determined costs following a motion to change parenting arrangements for a 13-year-old child.

The applicant mother was substantially successful in her opposition to the respondent father's motion for temporary custody and overnight access.

The father's motion was converted from an initial contempt allegation to a motion to change.

The court awarded costs to the successful applicant mother in the amount of $11,500, considering the factors under the Family Law Rules including the parties' litigation behaviour, the complexity of the issues, and the reasonableness of legal fees.

Father sought to change a 2004 custody and access order to include overnight stays and international travel with his 13-year-old son Jacob, alleging parental alienation by the mother.

The child, represented by the Office of the Children's Lawyer, opposed the change.

Jacob has Asperger's Syndrome, generalized anxiety disorder, and a non-verbal learning disability, and has consistently refused overnight stays and international travel.

The court found no material change in circumstances warranting the requested modifications and dismissed the father's motion, continuing the temporary daytime access schedule while leaving room for future overnight access if and when the child is ready.