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.
