Upasana Kang

Following a four-day family law trial regarding parenting and child support, both parties sought costs.

The respondent was the largely successful party at trial, having been granted primary residence and final decision-making authority on key issues.

However, the respondent failed to make any offers to settle, and both parties engaged in unreasonable conduct throughout the litigation.

Taking into account the divided success, the parties' conduct, and the applicant's limited financial means, the court awarded the respondent fixed costs of $3,000, payable in monthly installments.

The parties, parents of two young children, both sought sole decision-making and primary residence.

The relationship was marked by high conflict, instability, and excessive marijuana use.

The court found that both parties contributed to the family violence, but accepted the mother's evidence that the father sexually assaulted her on one occasion.

The court ordered joint decision-making with the mother having final authority over health and education, and primary residence with the mother.

The father's request for a police enforcement clause was dismissed.

Income was imputed to both parties at $21,000 per year for child support purposes.