Who pays the costs of Private Children Proceedings in court?

The starting point is always that each party will pay their own legal costs in private children proceedings, regardless of the outcome of the case.

The case of Re T (a child) (2005) confirms that it will be exceptional for the court to make a costs order against one of the parents in children proceedings. The courts approach is generally that a costs order will have a detrimental impact on the co-operation between parents and therefore ought to be avoided.

However, the court does have the power to make a costs order, depending on the conduct of the parties throughout the proceedings.

Examples of cases where a costs order has been made, include:

• A father unreasonably rejecting mediation unless the mother agreed to a shared residence order. He also ignored the recommendations of CAFCASS and took advantage of his financial superiority – M v H (2000)
• A father who should never have applied for a residence order, and then failed to undergo medical tests relating to alcohol and drug abuse. He also failed to attend interviews with a clinical psychologist  - Q v Q (2002)
• An unrepresented father was ordered to pay £15,000 towards the applicants’ costs on the basis that his specific and deliberate breach of a child arrangements order had been serious, unreasonable, and reprehensible – Re E-R (2017)

It is clear therefore that the court making a costs order is only done in exceptional circumstances.

If you would like any further information or advice in relation to Children Proceedings, please contact our specialist family lawyers: Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Rachel Baker on 01384 340 580 (rbaker@georgegreen.co.uk) at our Cradley Heath office.