This was a costs endorsement following parenting and child support motions concerning a one-year-old child.
The court held that the mother was the successful party because she obtained the child’s return, temporary primary residence and decision-making responsibility, day parenting time for the father rather than overnights, and child support based on imputed income.
Although the father’s conduct in overholding the child, failing to pay support, and withholding financial disclosure was unreasonable, it did not meet the high threshold for bad faith under the Family Law Rules.
The court reduced the mother’s claim for full recovery costs as excessive and disproportionate, particularly because of multiple counsel, duplicated work, and excessive junior lawyer and law clerk rates.
Costs were fixed at $10,000 inclusive, payable at $1,000 per month.
