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E C-L v DM (Child abduction: Costs): FD 11 Apr 2005

The mother had persistently made false allegations against her husband of abduction and of forgery. She had been permitted to withdraw her originating application. She appealed an order against her for costs, saying that the Convention under which the application was made contained no provision for awarding costs.
Held: Though costs orders were not normally made in such proceedings, one could be made where as here one party had misbehaved, and the other was not a person of means. The absence of an express power under the Convention was not determinative.

Judges:

Ryder J

Citations:

Times 10-May-2005

Statutes:

Child Abduction and Custody Act 1985, Convention on the Civil Aspects of International Child Abduction 1980

Jurisdiction:

England and Wales

Costs, Children

Updated: 30 April 2022; Ref: scu.224769

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