L (Costs of Children Proceedings)

L (Costs of Children Proceedings)

The judge erred in making orders for transfer of children's trust funds and awarding costs against the mother without proper notice, evidence, or justification. There was no unreasonable or reprehensible conduct by the mother to justify an adverse costs order. The appeal is allowed, and the relevant paragraphs of...

Source-derived case information.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
05 November 2014
Procedural Posture
Children Proceedings (appeal) / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Children Proceedings, Costs, Residence Orders, Trust Funds
Family Law Children Proceedings Costs Residence Orders Trust Funds

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Children Proceedings (appeal) / Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in ordering transfer of children's trust funds to the father without proper notice or evidence
  2. 2 Whether the judge erred in awarding costs against the mother contrary to established principles in children proceedings

Ratio Decidendi

The judge erred in making orders for transfer of children's trust funds and awarding costs against the mother without proper notice, evidence, or justification. There was no unreasonable or reprehensible conduct by the mother to justify an adverse costs order. The appeal is allowed, and the relevant paragraphs of the order are set aside.

Court Disposition

Appeal allowed

Orders

  • Permission to appeal granted
  • Extension of time granted