Ms. Parker

Following a trial where the applicant father successfully obtained an order for the return of the parties' children to Dubai, the court determined the issue of costs.

The father sought $486,000 on a partial and full recovery basis, relying on an offer to settle.

The respondent mother argued for no costs or a significantly reduced amount due to her limited financial means.

The court found the father was entitled to costs and had beaten his offer to settle, but fixed costs at $250,000 on a partial indemnity basis to ensure the award was proportionate and within the mother's reasonable expectations and ability to pay.

Following a family law trial addressing custody, access, child support, spousal support, and equalization, both parties sought costs.

The court applied Rules 18 and 24 of the Family Law Rules and found that success at trial was divided.

Although the respondent obtained sole custody, the order was conditional and the court expressed concerns about the respondent’s behaviour and its effect on the children’s relationship with the applicant.

Neither party satisfied the requirements of Rule 18(14) for full recovery of costs based on offers to settle.

Considering the complexity of the issues, the parties’ conduct, the offers exchanged, and the best interests of the children, the court declined to award costs to either party.