Family Law Case Update: 80% Awarded Costs in Child Relocation

In Laurence v Ross, 2025 ABKB 292, Justice Loparco directed the father to bear 80 percent of solicitor-and-client costs arising from the mother’s successful urgent mobility application to move the child to Quebec. The order reflected findings that the father had acted evasively, filed a misleading affidavit amounting to litigation misconduct, and declined a formal settlement offer.

Justice Loparco also held that, in fixing appropriate costs, it was fitting to take into account the father’s pre-litigation pattern of coercive and controlling behaviour, which had created an intolerable environment and was a significant factor motivating the relocation.

The judge further observed that the father’s objectionable conduct persisted throughout the proceedings. He employed abusive language toward the mother, engaged in various forms of financial abuse, refused to return the child—necessitating an emergency order—and supplied deceptive affidavit evidence along with obstinate responses, all of which prolonged cross-examination.

Finally, although the costs award fell below full indemnity, this reduction acknowledged both the urgency of the application—which escalated the father’s legal expenses and challenges—and the absence of any indication that the mother’s employment opportunity in Quebec would not remain available at a later date.

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