O (A Child), Re

The judge's orders for equal division of the psychologist's fees and for the mother to pay the father's costs of the 21 February 2006 hearing were within his discretion. The order for costs was justified by the mother's unreasonable conduct in failing to attend the hearing without adequate excuse. The judge's findings of fact and application of legal principles were proper and should not be interfered with on appeal.

Parties: Appellant: Mother; Appellant: Guardian; Respondent: Father
Jurisdiction: England and Wales
Judgment Date: 26 June 2008
Procedural Posture: Civil Appeal (family Law) / Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Costs in Children Proceedings, Appointment of Guardian, Expert Evidence, Contact and Residence Orders

Family Law Costs in Children Proceedings Appointment of Guardian Expert Evidence Contact and Residence Orders

Case Brief

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Parties

Mother

Appellant

Guardian

Appellant

Father

Respondent

Procedural Posture

Civil Appeal (family Law) / Appeal Judgment

Legal Issues

1 Whether the judge erred in ordering the mother to pay a share of the psychologist's fees
2 Whether the judge erred in ordering the mother to pay the father's costs of the hearing on 21 February 2006 on an indemnity basis

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Mother to pay one-third of the psychologist's fees
Mother to pay the father's costs of the 21 February 2006 hearing assessed at £2,556.10