Costs may be ordered against the person who breached a family law court order if the judge finds that such breach is serious. The exception is if the punishment of imposing costs would not be in a child’s best interests, meaning if a child will suffer the consequences of the order for payment of costs by his/her parent.
On the other hand, if the court finds that there is no merit in the contravention application it may order costs against the applicant. Costs against the applicant are ordered if the court dismisses the application or finds that no action is required, and the same finding has been made previously by the court. Courts will especially order costs against the applicant if it finds that the Contravention application was filed maliciously or for the purpose of harassing the other party.
An application with the court for a costs order may be filed in the application or through oral manifestation on the day of the court hearing.
You can file an application with the Court seeking a costs order. In some situations you can make an oral application for costs on the day of your court hearing. For more information about applying for a costs order obtain advice from a lawyer.