J (Children)

J (Children)

The district judge failed to properly exercise discretion by not engaging with the nature and outcome of the fact-finding hearing. Given the seriousness and number of allegations proved against the father, and the fact that the hearing was a discrete inquiry, 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.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
26 October 2009
Procedural Posture
Appeal (children Act Proceedings, Costs) / Appeal From Circuit Judge's Decision on Costs After Fact Finding Hearing
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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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Appeal (children Act Proceedings, Costs) / Appeal From Circuit Judge's Decision on Costs After Fact Finding Hearing

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 allegations of domestic violence are found proved
  2. 2 Proper approach to costs in Children Act proceedings after fact-finding hearings

Ratio Decidendi

The district judge failed to properly exercise discretion by not engaging with the nature and outcome of the fact-finding hearing. Given the seriousness and number of allegations proved against the father, and the fact that the hearing was a discrete inquiry, 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 of the appeal before the circuit judge