2 total
Appeal allowed in part to convert final parenting time order to an interim order.
The appellant father appealed a motion judge's orders regarding child support, arrears, and parenting time.
The parties had a separation agreement, but the mother sought to enforce its terms after a child changed residence to live with her full-time.
The Court of Appeal upheld the motion judge's calculation of child support and arrears, finding no error in applying the Guidelines.
However, the Court found the motion judge erred by issuing a final order for parenting time when he had indicated during the hearing it would be an interim order, thereby denying procedural fairness.
The appeal was allowed in part to make the parenting time order interim and to slightly reduce the costs awarded to the mother.
Divided success on family motion justified no costs award.
Following a motion regarding the return of an ex parte order granting interim custody, restraining provisions, and police assistance, the court addressed costs after the parties were unable to agree.
The court had previously found that the moving party failed to disclose material facts in support of the ex parte motion but declined to overturn the order entirely because doing so would not be in the children’s best interests, instead increasing the responding party’s access.
In determining costs under the Family Court Rules, the court considered the presumption that the successful party is entitled to costs and the importance of relative success on the issues.
Both parties achieved only partial success and neither had served an offer to settle.
The court concluded that success was divided and that no costs should be awarded.
