Diana Continenza

The Applicant sought $4,200 in costs for a temporary custody motion.

The Respondent argued against any costs.

The court considered the Applicant's settlement offer, his non-compliance with a prior order, and the Respondent's ability to pay.

While the Applicant's offer was deemed unreasonable and his non-compliance noted, the Respondent's position on child support was found unreasonable.

Costs were fixed at $1,500 in favour of the Applicant.

The applicant father brought an urgent motion to vary a final order, seeking temporary custody of the parties' nearly 13-year-old daughter and termination of his child support obligations.

The child had, eight months prior, decided to reside with the father in Niagara Falls due to anxiety and dissatisfaction with the previous arrangement of shuttling between parents in Kitchener and Niagara Falls.

The court found the child's decision to be in her best interests, emphasizing the need for stability and criticizing the respondent mother's resistance to cooperation.

The motion was granted, awarding temporary custody to the applicant father and terminating his child support.