What statements have been made on costs relating to children’s issues?

British Columbia, Canada


The following excerpt is from Den Boer v. Elliott, 2001 BCSC 1571 (CanLII):

One of the most recent statements on costs relating to children’s issues is that of Macaulay J., in Morrison v. Morrison, 2001 BCSC 909, in which he said, in declining to award costs in favour of a parent successful in a lengthy chambers custody application (at para. 4): It would be inappropriate, in my view, to treat a custody case with, for the most part, evenly matched parents as though it was a typical case in which one side prevails at the expense of the other. While it is correct that the father was more successful in the sense that the primary residence of the child is now with him, that result flowed solely from my findings respecting the best interests of the child. No caring parent should be discouraged by the prospect of costs being against him or her from asking the court to conduct such an inquiry. It is particularly significant here that both parents were equally well-suited to raise the child.

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