The applicant was successful on an urgent motion for sole custody and limited supervised access.
As the successful party, the applicant sought costs of $14,086.58 on a full recovery basis or $11,000.00 on a substantial indemnity basis.
The respondent opposed the costs, citing his good faith and dire financial situation.
The court applied the presumption under Rule 24 of the Family Law Rules that a successful party is entitled to costs.
Finding no circumstances to justify an elevated rate, the court awarded the applicant costs in the amount of $7,500.00.