What is the test for awarding costs in a custody and primary residence action?
British Columbia, Canada
The following excerpt is from A.E.O. v. T.K.O., 2012 BCSC 1292 (CanLII):
The claimant argues that she genuinely believed her children were being harmed by the respondent and that sole custody and primary residence in her favour was in their best interests. While it is difficult to conclude a genuine belief can arise without a solid evidentiary foundation, this is not a factor in awarding costs: Molero Colina v. Chan, 2011 BCSC 700 at para. 28.
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