Is it common for one party to ask for costs to be recovered in family court?
No. Family courts do not commonly issue orders for one party to pay any costs in private proceedings about children, whether it’s a child arrangements order, a prohibited steps order or a specific issues order. There are a number of reasons for this:
- The threat of having to pay any costs could cause a person to choose not to apply to court since their financial situation may not allow for further costs.
- Souring the relationship between parties in family court is not in the best interest of the children.
- It is not in the child’s best interests to take money from the family which are there to meet the needs of the child.
Why may a court make a costs order?
These are some examples of occasions where a costs order has been made:
A parent refused to attend mediation, using their better financial position to attempt to sway the other parent to sign a shared residence order before agreeing to the mediation. The court agreed that the parent was using their financial position to their advantage to manipulate the other parent, and in the process was also ignoring CAFCASS recommendations too.
A parent had been put in a difficult position and struggled with issues with contact due to an unfounded allegation from the other parent about sexual abuse that had been found to be false.
A parent applied for a resident order although they were not in a position to safely accommodate their child’s needs and then refused to participate in an ordered drug and alcohol test or to see a clinical psychologist.
A court ordered that a party must pay for two thirds of the other parent’s costs when a fact finding hearing found that the majority of allegations made against him could be proven.
