When will a court award costs for a parent who is not in the best interest of the child?
Alberta, Canada
The following excerpt is from JSA v. GE, 2012 ABQB 58 (CanLII):
But the child’s best interests are not necessarily the driving cause for litigation that involves a child. At paras. 21-23 Justice Côté in Metz v. Weisgerber concludes that while a court decides child custody on the basis of what is best for a child, that does not mean the parents’ disagreement and resulting court proceedings are conducted for the interest of that child. Parents litigate custody for their own subjective purposes and reasons: para. 22. In that sense, good intention and conduct is not a basis to refuse to award costs: para. 25.
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