Raymond Anthony Goddard

This is a costs decision following a successful motion by the respondent father under the Hague Convention on the Civil Aspects of International Child Abduction.

The father sought and obtained an order that the child be returned to New York State and that a non-removal order obtained by the mother be rescinded.

The father claimed costs at full recovery of $14,956.61.

The court awarded costs of $13,000, finding the father was entitled to costs as the successful party, but reducing the award due to the unnecessary attendance of two counsel at argument and considering the overall reasonableness of the costs incurred.

Following a motion to change brought by the father seeking to terminate ongoing child support retroactively and to terminate an obligation to fund a registered education savings plan, the mother was wholly successful.

The court considered costs under Rule 24 of the Family Law Rules.

Although the moving party’s conduct at trial was deficient in certain respects, it did not rise to the level of bad faith warranting substantial indemnity costs.

As the successful party had made no offer to settle, the court ordered partial recovery.

Costs were fixed at 66% of full recovery and made enforceable through the Family Responsibility Office.