B.E. v R.E. (Child abduction: Costs, One Party Legally Aided) (Approved) [2023] IEHC 413 (06 July 2023)

B.E. v R.E. (Child abduction: Costs, One Party Legally Aided) (Approved) [2023] IEHC 413 (06 July 2023)

The nature of Hague Convention proceedings as family law matters, the absence of unreasonable conduct or a clearly compelling outcome, and the timing of the settlement offer do not justify departing from the usual rule in family law cases that no order as to costs should be made.

Citation
[2023] IEHC 413
Parties
Applicant: B. E.; Respondent: R. E.
Jurisdiction
Ireland
Judgment Date
06 July 2023
Procedural Posture
Child Abduction Summary Proceedings Under Hague Convention / Post Judgment Costs Determination
Outcome
No order as to costs.
Legal Topics
Costs in Family Law Proceedings, Legal Aid and Costs, Hague Convention Applications
Family Law International Child Abduction Costs in Family Law Proceedings Legal Aid and Costs Hague Convention Applications

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Parties

B. E.

Applicant

R. E.

Respondent

Procedural Posture

Child Abduction Summary Proceedings Under Hague Convention / Post Judgment Costs Determination

Legal Issues

  1. 1 Should costs be awarded against the respondent in Hague Convention family law proceedings where the applicant is legally aided?
  2. 2 Does the general rule that costs follow the event apply in family law proceedings, specifically child abduction cases?

Ratio Decidendi

The nature of Hague Convention proceedings as family law matters, the absence of unreasonable conduct or a clearly compelling outcome, and the timing of the settlement offer do not justify departing from the usual rule in family law cases that no order as to costs should be made.

Court Disposition

No order as to costs.