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Partial success on family motion justified reduced costs award.
Following a motion in a family law proceeding involving child and spousal support issues, the court addressed the appropriate costs award under Rule 24 of the Family Law Rules.
The applicant achieved partial success, obtaining guideline child support for two children, spousal support in the amount sought, and partial interim fees, but was unsuccessful on disclosure and certain other relief.
The court considered the moderate complexity of the motion, the parties’ conduct, the reasonableness of counsel rates, and the time spent on the matter.
The applicant’s offer to settle did not improve upon the court’s decision and was served too late to engage cost consequences.
Balancing the Rule 24 factors, the court awarded reduced costs to the applicant.
Mother may unilaterally give child her surname by choosing not to acknowledge father on birth registration.
The parties were not married or living together when their child was born.
The mother registered the child's birth using her surname and did not acknowledge the father on the Statement of Live Birth, pursuant to s. 10(3)4 of the Vital Statistics Act.
The father applied for an order requiring the mother to execute a joint election form to change the child's name to a hyphenated surname.
The application was dismissed.
On appeal, the Court of Appeal upheld the decision, finding that the Act allows a mother to know the identity of the father but choose not to acknowledge him for the purpose of birth registration, thereby giving the child her surname.
