Sara Robinson

The respondent father (W.F.) sought costs on a substantial indemnity basis following his successful motion for an interim variation of a parenting order, which granted him primary residency of the child E.F. The applicant mother (S.F.) opposed costs, arguing divided success and financial hardship.

The court found the respondent presumptively entitled to costs, noting the applicant's position was inconsistent with the Voice of the Child Report.

Balancing the respondent's success, settlement offers, and the applicant's ability to pay, the court fixed costs at $1,200, payable by the applicant within 120 days.

The respondent father brought a motion for interim variation of a final parenting order concerning one of three children, E.F., seeking primary residency and decision-making responsibility.

The applicant mother opposed and filed a cross-motion to dismiss the father's motion and vary the parenting order to a shared schedule.

The court found the child's current living situation untenable and that an immediate variation was necessary for the child's physical and emotional well-being, relying significantly on a Voice of the Child Report.

The father's motion was granted, providing him with primary residency and decision-making responsibility for E.F., with the mother having alternate weekend parenting time.

The mother's cross-motion was dismissed.