Is there a presumption of no costs in a custody case?
Newfoundland and Labrador, Canada
The following excerpt is from F.F.R. v. K.F., 2013 NLCA 8 (CanLII):
The trial judge applied the correct legal principles. Even in custody cases, the ordinary rule is that costs are in the cause: see rule 56A.26; M.(J.M.) v. M.(K.A.A.), 2005 NLCA 64, 251 Nfld. & P.E.I.R. 349, at paras. 37-38; and Snelgrove v. Butler, 2011 NLTD(F) 6, 308 Nfld. & P.E.I.R. 168, at para. 25. It is clear that there is not a “no costs” presumption in custody cases.
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