In what circumstances will a court order costs against an unsuccessful parent in a child custody case?

British Columbia, Canada


The following excerpt is from N.L. v D.L, 2018 BCSC 2199 (CanLII):

In P.E.P v. D.W.P. at para. 10 Macaulay J. states: Ordering costs against an unsuccessful parent in a child custody case focused on the effect of a parental move, as was the case both here and in Morrison, absent egregious conduct during the course of the litigation, does not serve the best interests of the child because it will have a chilling effect on any parent who cannot afford the risk. The interests of children are not served if capable parents are deterred from seeking custody for economic reasons. In my view, the question of costs in child custody cases is not governed by Gold.

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