What is the general rule on costs in parenting matters?
Alberta, Canada
The following excerpt is from K.K.E. v R.M.H., 2016 ABPC 188 (CanLII):
While the decision to award costs is discretionary on the part of the court, the general rule that should be applied with respect to costs in parenting matters is the same as the general rule with respect to other forms of litigation. In Metz v. Weisgerber, 2004 ABCA 151, Côté J.A. stated at paras. 34, 35 and 47 the following: “[34] Therefore, custody disputes need at least as many costs awards as other litigation, not fewer.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for establishing a parental relationship between a step-parent and her biological parent? (Alberta, Canada)
When can a court order a cost under a tortfeasor’s order for costs in any event or cost in the cause? (Alberta, Canada)
In what circumstances have courts found a mother guilty of parental alienation and/or found her to be in contempt and ordered a sanction of costs to indemnify the father for all costs of the proceedings? (Alberta, Canada)
When will a court order a division of health care costs between a parent and supported children? (Alberta, Canada)
What are the damages for loss of income, cost of future care, cost-of-future care, and loss of earning capacity? (Alberta, Canada)
Is a declaration inadmissible as a matter of law because it contains matter favouring the interest of the deceased as well as against it? (Alberta, Canada)
What are the costs of appeal costs for a third time? (Alberta, Canada)
Does a state action which interferes with the parent-child relationship restrict a parent's right to security of the person? (Alberta, Canada)
If a child objects to return to the parent that has abducted or wrongfully retained the child, does the child's desire to remain with the parent be considered an acceptable reason for objection? (Alberta, Canada)
What is the legal test for determining costs where the estate must pay costs to an unsuccessful party? (Alberta, Canada)
