YE v ZY

YE v ZY

The mother’s conduct, both before and during proceedings, was unreasonable and permeated the litigation. She failed to engage with reasonable settlement proposals, maintained unfounded allegations, and refused to accept professional advice, resulting in unnecessary prolongation of proceedings and increased costs. This is one of the rare cases where a costs order is justified in Children Act proceedings. The mother is ordered to pay one third of the father’s costs incurred after the first hearing.

Parties
Applicant: YE; Respondent: ZY
Jurisdiction
England and Wales
Judgment Date
26 November 2024
Procedural Posture
Children Act Proceedings (family Court) / Final Hearing on Costs After Consent Order on Welfare Matters
Outcome
Mother to pay one third of the father’s costs incurred after the first hearing; mother’s application for her costs refused.
Legal Topics
Costs in Children Act Proceedings, Litigation Conduct, Parental Conflict, Therapeutic Intervention, Parental Alienation
Family Law Child Law Costs in Children Act Proceedings Litigation Conduct Parental Conflict Therapeutic Intervention Parental Alienation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

YE

Applicant

ZY

Respondent

Procedural Posture

Children Act Proceedings (family Court) / Final Hearing on Costs After Consent Order on Welfare Matters

Legal Issues

  1. 1 Whether the mother's litigation conduct was unreasonable so as to justify a costs order against her in Children Act proceedings
  2. 2 Whether the father is entitled to a proportion of his costs
  3. 3 Whether the mother is entitled to her costs of the hearing

Ratio Decidendi

The mother’s conduct, both before and during proceedings, was unreasonable and permeated the litigation. She failed to engage with reasonable settlement proposals, maintained unfounded allegations, and refused to accept professional advice, resulting in unnecessary prolongation of proceedings and increased costs. This is one of the rare cases where a costs order is justified in Children Act proceedings. The mother is ordered to pay one third of the father’s costs incurred after the first hearing.

Court Disposition

Mother to pay one third of the father’s costs incurred after the first hearing; mother’s application for her costs refused.

Orders

  • Mother to pay one third of the father’s costs incurred after the first hearing (excluding costs already adjudicated).
  • Mother’s application for her costs of the hearing is refused.