Paul Bauerle

The respondent mother brought a motion to change a 2017 consent order to reinstate parenting time with her child, which had been suspended since 2020.

The mother struggled with severe substance abuse, mental health issues, and instability, and exhibited inappropriate behaviour during the virtual trial.

The court applied the best interests of the child test under section 24 of the Children's Law Reform Act.

Finding that the mother's current instability posed a risk to the child's safety and well-being, the court dismissed the motion to change, maintaining the suspension of parenting time.

Following a trial that determined the parties' date of separation, the applicant sought costs.

The applicant had served an offer to settle that was less favourable than the trial outcome, entitling her to full recovery costs from the date of the offer.

The court applied the principles of proportionality and reasonableness, reducing the claimed disbursements for investigative services but largely accepting the applicant's fee claims.

Costs were fixed globally at $200,000 inclusive of disbursements and tax.