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.
