Vanassa Richards-Thompson

Following a family law motion concerning custody, access, sale of the matrimonial home, and child support contributions, the responding party sought costs.

The court considered the relative success of the parties, noting that the moving party had sought to change the child’s primary residence and obtain joint custody but was unsuccessful, while the responding party obtained sole custody and succeeded on other issues including childcare contributions.

The court also considered that the motion primarily concerned the child and that the moving party appeared motivated by a genuine desire to maintain a strong relationship with the child.

Balancing these factors and the financial obligations imposed by the underlying order, the court awarded partial indemnity costs rather than the full amount claimed.

In a family law motion involving custody, access, support, and property issues, the court considered conflicting affidavit evidence from both parties concerning the care of a young child and financial matters.

The court granted a temporary order awarding sole custody to the mother and expanded daytime access to the father, finding the arrangement consistent with the child’s best interests pending questioning and further disclosure.

The court also ordered the sale of the matrimonial home, directed that sale proceeds be held in trust, and required the father to provide access to the home for inspection and retrieval of personal belongings.

Existing child support and daycare contribution obligations were continued.

The order was expressly temporary and subject to revision after examinations and financial disclosure.