M. Scholz

The respondent father sought costs following his partially successful motion to regularize access to his 9-year-old child.

The applicant mother had opposed the motion, arguing that increased parenting time should be left to the child's request, a position the court found unreasonable.

Both parties sought costs.

The court rejected the mother's request and awarded the father $1,000 in costs, noting his partial success and the high-conflict history of the case.

Following several family law motions concerning disclosure, access, and recognition of a foreign custody order, the court addressed the issue of costs under Rule 24 of the Family Law Rules.

The applicant sought full indemnity costs of over $31,000 for all work performed during the litigation.

The court found the respondent’s litigation conduct unreasonable, including failure to comply with disclosure orders and maintaining untenable positions until the hearing, which forced unnecessary preparation by the applicant.

However, the court also found the applicant’s counsel’s bill excessive in parts, particularly repeated charges for reviewing communications.

Applying a flexible and proportional approach to costs, the court fixed a fair and reasonable award recognizing the applicant’s success.