This is a costs decision arising from a motion to change a consent custody order.
The mother sought supervised access for the father and other modifications, while the father sought joint custody.
The litigation was acrimonious and protracted over approximately sixteen months, with both parents making unreasonable claims.
The mother was partially successful, the father was partially successful, and the matter ultimately settled.
The court awarded costs to the mother despite divided success, based on the father's unreasonable conduct, his failure to make a timely settlement offer, and his pursuit of an unjustifiable claim for joint custody.
The court rejected the father's argument that inability to pay should shield him from a costs award.