In cases involving children costs awarded against one parent or another are exceptional since the court is anxious to avoid the situation where a parent may feel ‘punished’ by the other parent which will reduce co-operation between them. This will only impinge ultimately on the welfare of the child or the children concerned.
Wilson J said: ‘Where the debate surrounds the future of a child, the proceedings are partly inquisitorial and the aspiration is that in their outcome the child is the winner and indeed the only winner. The court does not wish the spectre of an order for costs to discourage those with a proper interest in the welfare of the child from participating in the debate. Nor does it wish to reduce the chance of their co-operation around the future life of the child by casting one as the successful party entitled to his costs and another as the unsuccessful party obliged to pay them. The proposition applies in its fullest form to proceedings between parents and other relations; but it also applies to proceedings to which a local authority are a party. Thus, even when a local authority’s application for a care order is dismissed, it is unusual to order them to pay the costs of the other parties.’
Judges:
Wilson J
Citations:
[1994] 2 FLR 569, [1994] 1 WLR 1317
Jurisdiction:
England and Wales
Cited by:
Cited – In re N (A Child) FD 6-Aug-2009
. .
Cited – Re S (A Child) SC 25-Mar-2015
The Court was asked as to the proper approach to ordering the unsuccessful party to pay the costs of a successful appeal in cases about the care and upbringing of children. It arises in the specific context of a parent’s successful appeal to the . .
Cited – HB v PB FD 9-Jul-2013
Claim for costs against third party local authority, Croydon LBC after four day private law fact finding hearing. F said that M had fabricated illnesses both in herself and the child leading to the LA being asked to prepare a report. That report . .
Lists of cited by and citing cases may be incomplete.
Family, Costs
Updated: 04 May 2022; Ref: scu.374716