Following motions in a family law dispute involving custody, access, and support, the court addressed the issue of costs.
The applicant was primarily successful on the core issues of custody and access and on the determination that spousal support should be based on part-time employment income.
The respondent achieved some success on related matters, including expanded access, temporary exclusive possession of the matrimonial home, and denial of a restraining order.
Applying Rule 24 of the Family Law Rules and principles of reasonableness governing costs awards, the court determined that the applicant was the party primarily successful but that her success was tempered by the respondent’s partial success and excessive motion materials.
Costs were awarded to the applicant in a reduced amount.