Mullen v. Lanteigne-Mullen, 2014 NSSC 151

Supreme Court of Nova Scotia (FAMILY DIVISION) Citation: Mullen v. Lanteigne-Mullen , 2014 NSSC 151 Date: 20140424 Docket: No. 1201-067205 Registry: Halifax Between: LIETTE LANTEIGNE-MULLEN Petitioner v. KEVIN ROY MULLEN Respondent Judge: The Honourable Justice Deborah Gass Written Costs Submissions: September 3 & 18, 2013 Counsel: Angela A.

Walker, for the Petitioner Scott Wesley Lytle, for the Respondent By the Court: [ 1 ] The Respondent, Kevin Mullen, seeks costs at the conclusion of Divorce proceedings in which custody and mobility were central issues. [ 2 ] The Respondent was mainly successful in the issues regarding parenting, particularly regarding maintaining their primary residence and the rejection of the mother’s claim to move the children. The result was not significantly different from that which he proposed. [ 3 ] Mobility cases are difficult to resolve and a reality for today’s society.

It is a reasonably justiciable issue. [ 4 ] The detailed parenting arrangements and the financial result which the court ultimately ordered would constitute mixed success. While the respective financial circumstances of the parties is not determinative, it is a consideration for the court in exercising its discretion in these matters. In my view an order for costs, given all the circumstances, would be counter-productive and not in the interests of the children and the overall ability of this family to move forward. [ 5 ] I therefore order that the parties bear their own costs. Gass, J.