Lawrence Blokker

The applicant mother sought costs of $35,343.30 following a 13-day trial regarding a motion to change parenting and child support provisions.

The respondent father argued each party should bear their own costs or pay a maximum of $10,000.

The court found the mother was substantially more successful on the primary issue of maintaining joint custody and the parenting schedule.

Considering the factors under Rule 24(12) of the Family Law Rules, including divided success, the parties' behaviour, and the father's ability to pay, the court ordered the father to pay costs of $20,000 to the mother.

The respondent father brought a motion to vary an ex parte interim custody order that had granted custody of his two children to their maternal uncle following the mother's suicide.

The court applied the best interests of the child test under section 24 of the Children's Law Reform Act.

The court found that the children had a strong bond with their father and expressed a clear preference to live with him.

Despite the uncle providing a stable home and the father having a dated criminal record, the court concluded that reuniting the children with their natural parent was in their best interests.

The motion was granted, and interim custody was awarded to the father.