Nardine Roufaiel

This is a costs decision following a six-day family law trial that commenced in January 2024 and concluded in April 2024.

The respondent was the successful party on virtually all issues.

The court awarded costs to the respondent, finding that while the respondent was entitled to costs as the successful party, the amount claimed was excessive and not properly itemized.

The court reduced the costs award to account for proportionality and the financial circumstances of the applicant, who remains burdened with significant debt and child support arrears.

Following an emergency motion and cross-motion regarding child custody, access, and support, the parties submitted written arguments on costs.

The applicant father had sought the return of the child and sole custody, while the respondent mother sought sole custody and a restraining order.

The court found divided success, as the father secured the child's return and access but not sole custody, while the mother retained primary care but failed to obtain a restraining order or supervised access.

Given the divided success, the unreasonable positions taken by both parties, and the absence of any offers to settle, the court made no order as to costs.

The Applicant father brought an emergency motion seeking the return of the child to Ottawa, temporary sole custody, and primary residence, along with other parenting relief.

The Respondent mother brought a cross-motion for temporary sole custody, a restraining order, and child support, requesting no or supervised access for the father.

The court found both parties' allegations lacked full credibility and made an interim order based on the child's best interests.

The child was to remain in the mother's primary care, with the father granted unsupervised access.

Travel restrictions were imposed, passports were to be held in trust, and communication was limited.

The Office of the Children's Lawyer was appointed.

Interim child support of $500 per month was ordered for the mother, based on an imputed income for the father due to insufficient financial disclosure.