Carla Darlene Adams

Following a six-day family law trial concerning custody, residence of children, and support issues, the successful party sought costs of the trial and a post‑trial motion.

The court considered Rule 24 of the Family Law Rules, including whether the unsuccessful party engaged in unreasonable conduct and the impact of the parties’ settlement offers.

The court found the unsuccessful party had engaged in unreasonable conduct that significantly contributed to the litigation and deterioration of the parties’ relationship.

Although neither party’s settlement offers met the strict requirements for mandatory full indemnity costs, the successful party’s offer was closer to the trial outcome.

The court also considered but largely discounted the unsuccessful party’s financial hardship given the successful party’s responsibility for the children’s care.

The parties separated in 2009 and have two children.

The mother, who converted to Judaism, had primary care of the children and unilaterally made religious and medical decisions, including circumcising the boys.

She repeatedly breached court orders regarding access and travel, and failed to ensure the children attended public school on time, preferring a private Jewish school.

The Office of the Children's Lawyer recommended a change in custody due to the mother's attempts to marginalize the father and her failure to meet the children's educational needs.

The court awarded sole custody to the father, finding the mother ungovernable and unable to foster the children's relationship with their father.

The mother was granted extensive access and ordered to pay child support based on imputed income, while the father was ordered to pay time-limited spousal support.