The court ordered the interim sale of the parties' jointly owned home and awarded the respondent interim spousal support.
The parties, former common-law spouses, brought cross-motions concerning the interim sale of their jointly owned home and the distribution of proceeds, and the respondent also sought interim spousal support.
The court ordered the sale of the home, specifying the immediate distribution of a portion of the net proceeds to each party, with the remainder held in trust pending final resolution.
The court also found the respondent was entitled to interim spousal support at the low range of the Spousal Support Advisory Guidelines, effective after the immediate proceeds distribution.
Costs were divided due to mixed success.
Father awarded $2,000 in costs despite divided success due to mother's unreasonable conduct.
The father sought costs of $3,896 on a partial indemnity scale following cross-motions regarding interim custody and access where success was divided.
The mother argued no costs should be awarded as she was more successful.
The court found the mother acted unreasonably by unilaterally denying the father access to the matrimonial home and the children, necessitating police intervention.
Applying the principle of apportionment under Rule 24(6) of the Family Law Rules, the court awarded the father $2,000 in costs.
