Following a focused hearing where the applicant mother was successful on the issues of school choice and the interim parenting schedule, the court determined the issue of costs.
The mother sought costs on a partial indemnity basis prior to her offer to settle and full indemnity thereafter.
The court found the mother's offer to settle was substantially similar to the final order and awarded her partial indemnity costs prior to the offer and substantial indemnity costs thereafter.
The court also applied the principle that costs for a settlement conference cannot be awarded if the endorsement is silent on costs.
The father was ordered to pay total costs of $34,968.42.
