Thora H. Espinet

Following a family law motion involving multiple heads of relief, the court addressed the issue of costs.

The moving party sought $45,000 on a substantial indemnity basis, alleging the responding party acted in bad faith and failed to comply with earlier court orders.

The responding party argued the claimed costs were excessive for a short motion and requested her own costs or that costs follow the event at trial.

Applying Family Law Rule 24 and the reasonableness principle from appellate authority, the court found the moving party had been largely successful but that the claimed fees were excessive for a one-hour motion.

Because the responding party acted in bad faith regarding issues involving the child and the sale of the matrimonial home, the court ordered partial recovery costs.

In a high‑conflict family law motion, the applicant sought temporary custody orders and relief relating to the sale of the matrimonial home.

The court found evidence that the respondent had interfered with the applicant’s court‑ordered access and had failed to cooperate with the Office of the Children’s Lawyer investigation.

The court declined to grant temporary custody but ordered the re‑appointment of the Office of the Children’s Lawyer and maintained the existing access order while warning that custody could be reconsidered depending on future conduct.

Regarding property, the court ordered steps to facilitate the sale of the matrimonial home, authorized the applicant to undertake staging work up to $10,000, dispensed with the respondent’s consent to the sale, and directed that sale proceeds be held in trust pending further order.