E-R (Child Arrangements Order No.2 : Costs)

E-R (Child Arrangements Order No.2 : Costs)

The father’s deliberate and serious breach of the child arrangements order, deception of Mrs H, and manipulation of T constituted unreasonable and reprehensible conduct justifying a costs order. The father’s apologies were unconvincing, and his lack of legal representation did not excuse his actions.

Parties
Applicant: Mrs H; First Respondent: Father; Second Respondent: Miss B; Subject: Child (T)
Jurisdiction
England and Wales
Judgment Date
12 October 2017
Procedural Posture
Child Arrangements Order (costs) / Post Judgment Costs Determination
Outcome
Costs order granted against the father; no order against Miss B.
Legal Topics
Child Arrangements, Costs Orders, Children Act 1989
Family Law Child Arrangements Costs Orders Children Act 1989

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Parties

Mrs H

Applicant

Father

First Respondent

Miss B

Second Respondent

Child (T)

Subject

Procedural Posture

Child Arrangements Order (costs) / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the Respondents should pay or contribute to the Applicant’s costs
  2. 2 Whether conduct of the Respondents justifies a costs order in Children Act proceedings

Ratio Decidendi

The father’s deliberate and serious breach of the child arrangements order, deception of Mrs H, and manipulation of T constituted unreasonable and reprehensible conduct justifying a costs order. The father’s apologies were unconvincing, and his lack of legal representation did not excuse his actions.

Court Disposition

Costs order granted against the father; no order against Miss B.

Orders

  • Father to contribute £15,000 towards Mrs H’s costs.
  • Costs order not enforceable without leave of the court.