Ping Chen

The respondent father sought costs of $25,743.20 on a full recovery basis after successfully defending a motion for relocation and an urgency application brought by the applicant mother.

The mother argued for no or nominal costs, citing her inability to pay and alleging unreasonable conduct by the father.

The court reviewed the factors under Rule 24 of the Family Law Rules, including the father's reasonable offers to settle and the conduct of both parties.

The court found no unreasonable conduct by the father and determined the mother had some ability to pay.

The court awarded the father costs fixed at $18,000.

The applicant mother brought an urgent motion seeking interim sole custody and permission to relocate her two children, a 9-year-old from a previous relationship and a 12-month-old with the respondent father, from Stittsville to Deep River.

The father opposed the relocation of his biological child and sought interim joint custody and primary residence.

The court dismissed the mother's request to relocate the 12-month-old, finding she had not established compelling reasons to upset the status quo on an interim basis.

The court ordered interim joint custody, with the child to reside primarily with the father in the matrimonial home, and granted the mother weekend access.

The court also dismissed the mother's claim for interim child support for the 9-year-old step-child, finding no prima facie case that the father stood in the place of a parent.