J (Children) [2009] EWCA Civ 1350 (26 October 2009)

J (Children) [2009] EWCA Civ 1350 (26 October 2009)

The district judge failed to properly exercise discretion by not engaging with the nature and outcome of the fact-finding hearing, where the majority of the mother's serious allegations were proved and the father's denials were found to be false. The costs of the fact-finding hearing were referable solely to the...

Source-derived case information.

Citation
[2009] EWCA Civ 1350
Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
26 October 2009
Procedural Posture
Appeal (children Act 1989 Contact Proceedings) / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Costs in Children Act Proceedings, Fact Finding Hearings, Domestic Violence Allegations, Exercise of Judicial Discretion
Family Law Civil Procedure Costs in Children Act Proceedings Fact Finding Hearings Domestic Violence Allegations Exercise of Judicial Discretion

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Summary, issues, holding and outcome

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Appeal (children Act 1989 Contact Proceedings) / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the court should order one parent to pay the other's costs after a fact-finding hearing in contact proceedings where serious allegations are found proved against the respondent parent.

Ratio Decidendi

The district judge failed to properly exercise discretion by not engaging with the nature and outcome of the fact-finding hearing, where the majority of the mother's serious allegations were proved and the father's denials were found to be false. The costs of the fact-finding hearing were referable solely to the mother's allegations, and in these circumstances, a proper exercise of discretion required an order that the father pay two-thirds of the mother's costs of and incidental to the fact-finding hearing.

Court Disposition

Appeal allowed

Orders

  • Respondent father to pay two-thirds of the mother's costs of and incidental to the fact-finding hearing before the district judge.
  • Further argument to be heard regarding costs before the circuit judge.