Following a motion to change custody in which the father obtained sole custody of the child, the court determined costs of the proceeding.
The court applied the principles in Rule 24 of the Family Law Rules and emphasized that costs serve to indemnify successful parties and sanction unreasonable litigation conduct.
The mother repeatedly breached prior court orders, advanced unsubstantiated allegations, resisted disclosure, and acted in bad faith, which significantly prolonged the litigation.
The court found the father's legal fees and disbursements reasonable and awarded costs on a full recovery basis.
The mother's financial circumstances and legal aid funding did not justify relieving her of liability for costs.
