Sara Rainsberry

The respondent, Serafim Beites, moved for an order granting him exclusive possession of real property jointly owned with the applicant, Kimberly Ann Beites, in Texas, and for an order restraining the applicant from attending that property.

The court dismissed the motion, finding that a preservation or restraining order under section 12 of the Family Law Act was not necessary to protect an equalization payment, and that the value of the Texas property was insignificant compared to the parties' other assets.

The court also questioned its jurisdiction to grant exclusive possession of foreign-owned real property and declined to exercise exceptional in personam jurisdiction in the circumstances.

This is a costs endorsement following a motion brought by the respondent mother to strike the applicant father's pleadings for failure to comply with a previous costs order.

The motion was not argued as the applicant paid the outstanding costs.

The court found the respondent to be the successful party despite the motion not being heard, as her objective of enforcing the costs order was achieved.

The court also found the applicant acted in bad faith through duplicity regarding payment, threatening to destroy the child's belongings, and making unfounded attacks on the respondent's counsel.

Consequently, the court awarded the respondent costs on a full recovery basis, fixed at $3,000, and prohibited the applicant from bringing further motions or obtaining relief without leave until the costs are paid.