Costs Order in Children Cases

Re W (A Child) (CLW 25 August CA)

On the father’s application to vary an order for residence with the mother the judge confirmed the existing arrangements, extended staying contact and ordered the father to pay the costs commenting that the proceedings had been long and protracted and that the mother had been the successful party. In allowing the father’s appeal against the order for costs the court said the judge had not criticised the father’s motives or provided any other readily discernible reason for departing from the normal rule in private family law cases that each party should pay its own costs. It is essential that between-the-parties costs orders should only ever be made in exceptional cases where a party had been guilty of manipulating the litigation for their own ends rather than advancing a case which they genuinely believed to be in the best interests of the child.