Chelsea A. Murphy

This decision addresses the awarding of costs following temporary parenting and child support motions involving a 13-year-old child.

The court granted the mother temporary decision-making responsibility for major educational and health issues and ordered the father to pay temporary child support.

The mother made a severable offer to settle that was more favourable to the father than the court's order, triggering costs consequences under subrule 18(14) of the Family Law Rules.

The court analyzed the reasonableness and proportionality of costs, the parties' conduct, and the father's ability to pay, ultimately ordering the father to pay $5,500 in costs with a payment plan.

The applicant and respondent sought temporary decision-making responsibility orders for their child, primarily concerning vaccination.

The applicant also sought temporary child support.

The court disregarded the joint decision-making terms of their separation agreement, finding them no longer in the child's best interests due to fundamental disagreements on health care.

The court granted the applicant sole decision-making responsibility for health and educational issues, including vaccinations, and ordered the respondent to pay child support of $600 per month, consistent with the original agreement and guidelines.

The court declined to prohibit the father from discussing vaccines with the child but referred the matter to the Office of the Children's Lawyer.