Victoria Hanton

This endorsement addresses the costs of a motion where the applicant successfully sought an order for the child to reside with him during the school week due to the respondent's failure to ensure school attendance.

The applicant sought full recovery costs, having made multiple offers to settle that were met or beaten.

The respondent opposed costs, citing financial hardship and medical reasons for unemployment.

The court found the respondent's conduct unreasonable, particularly her prioritization of parenting time over the child's education and her inappropriate use of dated mental health allegations.

Applying Rule 24(12) of the Family Law Rules and relevant case law, the court awarded the applicant $17,299.51 in all-inclusive costs, emphasizing fairness and reasonableness.

The court issued a costs endorsement following motions regarding supervised parenting time.

The applicants, the mother and maternal grandmothers, were largely successful in their request to have family members supervise contact with the child, rather than a professional service.

The respondent father took an unreasonable position in insisting on professional supervision and arbitrarily cutting off contact with the grandmothers.

The court awarded costs of $8,500 to the mother and $10,000 to the grandmothers, payable by the father.