D v E [2023] EWHC 3171 (Fam) (11 December 2023)

D v E [2023] EWHC 3171 (Fam) (11 December 2023)

Although the mother succeeded in her application and the father's defence was rejected, the father's conduct was not found to be so unreasonable or reprehensible as to justify a departure from the usual rule of no order as to costs in children proceedings. The costs incurred by the mother's first solicitors were not...

Source-derived case information.

Citation
[2023] EWHC 3171 (Fam)
Parties
Applicant: D; Respondent: E
Jurisdiction
England and Wales
Judgment Date
11 December 2023
Procedural Posture
Family Law – Hague Convention Child Abduction Return and Costs Application / Post Judgment Costs Application Following Final Order for Return of Child
Outcome
No order as to costs
Legal Topics
Hague Convention, Child Return, Costs Orders, Habitual Residence, Consent and Acquiescence
Family Law International Child Abduction Hague Convention Child Return Costs Orders Habitual Residence Consent and Acquiescence

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Parties

D

Applicant

E

Respondent

Procedural Posture

Family Law – Hague Convention Child Abduction Return and Costs Application / Post Judgment Costs Application Following Final Order for Return of Child

Legal Issues

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

Ratio Decidendi

Although the mother succeeded in her application and the father's defence was rejected, the father's conduct was not found to be so unreasonable or reprehensible as to justify a departure from the usual rule of no order as to costs in children proceedings. The costs incurred by the mother's first solicitors were not wholly related to the issues in this application. Considering the wider context and the parties' relationship history, no order as to costs is appropriate.

Court Disposition

No order as to costs

Orders

  • No order as to costs in these proceedings