This ruling addresses the costs of a six-day trial where the mother was awarded final decision-making authority for the child and the terms of a domestic contract challenged by the father were upheld.
The mother sought full indemnity costs of $73,495.06, while the self-represented father sought reimbursement for his trial-related legal costs.
The court applied Family Law Rules 18 and 24, considering the principles of indemnification, settlement encouragement, and discouraging inappropriate litigant behavior.
The court found the mother was not "overwhelmingly" successful but prevailed on key issues, and the father's conduct increased the mother's costs.
The court reduced the mother's claimed costs, finding her offer was delivered late and not severable, and that she should have demonstrated greater settlement flexibility.
The father was ordered to pay the mother costs of $46,000, with a credit of $14,246.82 from the sale of the parties' former residence, resulting in a net payment of $31,753.18.
