Costs orders in Children Act Proceedings

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 starting point is that, generally, making 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. The circumstances would need to be exceptional and making the costs order would be at the discretion of the Court.

Contact us

For further information, please contact Aimee Stokes, a Family Law Solicitor based in our Wolverhampton Office on 01902 328 355.

George Green have offices based in Wolverhampton and Cradley Heath and serve clients across the West Midlands and Black Country including Stourbridge, Wolverhampton, Halesowen, Birmingham and beyond. If you complete our online enquiry form, a member of our team will contact you for an initial discussion.