Michèle D. Blais

Following a prior decision on a family law motion concerning custody and parenting arrangements, the court determined the issue of costs.

The respondent mother was found to be the successful party.

The court rejected the argument that costs should not be awarded in custody and access disputes and applied the Family Law Rules governing costs, including Rule 24(11).

After reviewing the parties’ conduct, the reasonableness of settlement offers, and the complexity and importance of the issues affecting the children, the court reduced the claimed fees to a reasonable level.

The applicant father was ordered to pay fixed costs to the respondent.

The applicant mother brought a motion to vary an interim custody and access order concerning the parties’ young child, arguing that a recent parenting assessment constituted a material change in circumstances.

The expert report raised concerns that the father’s conduct toward the child, including involving the child in parental conflict and making alarming statements, risked emotional harm and suggested emerging parental alienation.

The father challenged the report and obtained a separate psychosocial evaluation based primarily on his own account.

The court accepted the parenting assessment as the only objective expert evidence and found a material change in circumstances.

Custody was granted to the mother with the father’s access supervised pending further proceedings.