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The court awarded full recovery costs against a mother who unreasonably proceeded to a custody trial despite overwhelming professional evidence against her, holding that inability to pay does not shield unreasonable litigants.
This is a costs decision following a three-day trial regarding custody of a nine-year-old child.
The father was successful in obtaining sole custody with specified access to the mother.
The father claimed costs of $36,389.06 on a full recovery basis, arguing the mother acted unreasonably and in bad faith by proceeding to trial despite overwhelming evidence against her position.
The mother opposed the costs award and argued inability to pay.
The court awarded costs to the father on a full recovery basis in the amount of $30,000, finding the mother's conduct was unreasonable and that ability to pay does not shield a party from liability for costs when they have acted unreasonably.
Father awarded sole custody because the mother could not manage the child's severe behavioral issues.
A motion to change custody and access arrangements for a nine-year-old child.
The father sought sole custody, citing material changes in circumstances and the child's best interests.
The mother sought to maintain sole custody with open access to the father.
The court found that the child was exhibiting serious behavioral issues, including sexualized behaviors, aggression, and academic difficulties.
The mother had failed to follow professional recommendations for treatment and was unable to manage the child's complex needs.
The father maintained a stable home and demonstrated commitment to the child's relationship with the mother.
The court granted sole custody to the father, finding that the current arrangement was not in the child's best interests and that the child was suffering in the mother's care.
