D v E

D v E

Although the mother succeeded in her application and the father’s defence was rejected, the overall context and conduct did not reach the threshold of unreasonableness or reprehensibility to justify a departure from the usual rule of no order as to costs in children cases. The costs incurred by the mother’s first solicitors were not wholly related to the issues in this application. The wider circumstances and background did not warrant a costs order.

Parties
Applicant: D; Respondent: E
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family Law – Hague Convention Child Abduction Return Application / Costs Determination After Final Judgment
Outcome
No order as to costs
Legal Topics
Costs, Hague Convention, Habitual Residence, Consent and Acquiescence
Family Law International Child Abduction Costs Hague Convention Habitual Residence Consent and Acquiescence

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Parties

D

Applicant

E

Respondent

Procedural Posture

Family Law – Hague Convention Child Abduction Return Application / Costs Determination After Final Judgment

Legal Issues

  1. 1 Whether the respondent father should pay the applicant mother's legal costs following her successful Hague Convention application for the return of the child to Country B

Ratio Decidendi

Although the mother succeeded in her application and the father’s defence was rejected, the overall context and conduct did not reach the threshold of unreasonableness or reprehensibility to justify a departure from the usual rule of no order as to costs in children cases. The costs incurred by the mother’s first solicitors were not wholly related to the issues in this application. The wider circumstances and background did not warrant a costs order.

Court Disposition

No order as to costs

Orders

  • No order as to costs in these proceedings