M.J. Stangarone

Following a trial where the applicant mother was entirely successful on issues of parenting time and child support, she sought costs of $161,606.69.

The court found the respondent father acted in bad faith by misrepresenting evidence regarding a replica gun strapped to the child's crib and by shaving the child's head in retaliation for a failed mediation.

Due to the finding of bad faith under Rule 24(8) of the Family Law Rules, and considering the applicant's reasonable offers to settle, the court awarded the applicant her full costs of $161,606.69, payable forthwith, with one-third enforceable by the Family Responsibility Office as child support.

The applicant father brought an application under the Hague Convention for the return of the parties' one-year-old child to Pennsylvania.

The respondent mother had unilaterally removed the child to Ontario, arguing that Pennsylvania was not the child's habitual residence, that the father had acquiesced to the move, and that returning would expose the child to a grave risk of harm due to domestic violence.

The court found that the child's habitual residence was Pennsylvania, the father did not acquiesce, and the mother failed to establish that Pennsylvania courts could not protect her from the alleged harm.

The application was granted and the child was ordered returned to Pennsylvania.