Following an urgent family law motion regarding temporary custody and parenting arrangements, the court was required to determine costs after the parties left without addressing the issue.
The respondent father sought costs on a substantial indemnity basis after successfully obtaining a nesting arrangement for the children and related financial orders.
The court found that the respondent achieved substantial success on the motion and that the applicant mother had engaged in unreasonable conduct by unilaterally removing the children from the matrimonial home and seeking to restrict the father’s parenting time.
Applying Rule 24 of the Family Law Rules, the court held that costs should exceed partial indemnity due to the applicant’s conduct.
Costs were therefore awarded to the respondent.
