Sandra Meyrick

Following a 12-day family law trial primarily focused on the children's estrangement from the applicant father and the respondent mother's mobility claim to Arizona, both parties sought costs.

The court found that success on the parenting issues was divided, as the father did not achieve a custody reversal and the mother was not permitted to move.

Neither party was found to have acted in bad faith or to be markedly more reasonable on the parenting issues, resulting in no costs awarded for that portion.

However, the mother was more successful and reasonable regarding the financial issues, particularly the valuation of the father's professional building.

The court awarded the mother $20,000 in costs inclusive of disbursements and HST for the financial issues.

The parties separated after a high-conflict marriage.

The children resided primarily with the mother and became estranged from the father.

The father sought a 90-day custody reversal to repair the relationship, alleging parental alienation, while the mother sought to relocate with the children to Arizona.

The court found the children were unjustifiably rejecting the father and that the mother had failed to facilitate their relationship.

The court denied the custody reversal but ordered joint custody with a strict access schedule for the father, and denied the mother's mobility application.

The court also resolved financial issues, valuing the father's professional building at $600,000 and ordering him to pay retroactive and ongoing child and spousal support.

The moving party father brought a motion to terminate child support, incurring nearly $400,000 in legal fees, which was ultimately dismissed.

The responding party mother, who was largely self-represented but utilized unbundled legal services, sought costs.

The court found the father's conduct unreasonable and disproportionate to the financial issues at stake.

The court awarded the mother $90,000 in costs, recognizing the need to compensate self-represented litigants and those using limited scope retainers to ensure access to justice.