Faye Ann Guilbeault

This decision addresses the applicant's request for costs following successful litigation where she re-established a separation agreement regime and the respondent unsuccessfully sought to vary child support and residence terms.

The applicant had previously offered to settle for the exact outcome achieved.

The court awarded the applicant costs, fixing them at $3,000, to be paid forthwith by the respondent and enforced as child support.

In a divorce proceeding, the respondent father moved to vary child support based on a unilateral change he made to the access schedule, keeping the younger child overnight on Sundays.

The applicant mother cross-moved to enforce the terms of their memorandum of understanding.

The court granted the mother's motion and dismissed the father's, finding no pressing need for the unilateral change and no justification for a change in child support.