I v J and J v I (Family) [2014] JRC 111 (13 May 2014)

I v J and J v I (Family) [2014] JRC 111 (13 May 2014)

The father's unreasonable conduct in pursuing a shared residence application and persistent failure to comply with disclosure obligations in financial proceedings justified a departure from the general rule of no order as to costs in children's cases. However, the costs order was capped to avoid prejudicing the children's welfare and to reflect the father's ability to pay.

Citation
[2014] JRC 111
Parties
Mother: I; Father: J
Jurisdiction
Jersey
Judgment Date
13 May 2014
Procedural Posture
Family Law Children and Financial Provision / Post Judgment Costs Determination
Outcome
Costs order against the father, capped at £30,000.
Legal Topics
Children's Proceedings, Financial Provision, Costs Orders, Legal Aid, Disclosure Obligations
Family Law Costs Children's Proceedings Financial Provision Costs Orders Legal Aid Disclosure Obligations

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Parties

I

Mother

J

Father

Procedural Posture

Family Law Children and Financial Provision / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded in children's and financial provision proceedings
  2. 2 Whether the conduct of the parties justifies a departure from the general rule of no order as to costs in children's cases
  3. 3 Whether the father's failure to disclose assets and unreasonable litigation conduct warrants a costs order

Ratio Decidendi

The father's unreasonable conduct in pursuing a shared residence application and persistent failure to comply with disclosure obligations in financial proceedings justified a departure from the general rule of no order as to costs in children's cases. However, the costs order was capped to avoid prejudicing the children's welfare and to reflect the father's ability to pay.

Court Disposition

Costs order against the father, capped at £30,000.

Orders

  • Father to pay £30,000 towards the mother's legal costs, apportioned as £20,000 for financial proceedings and £10,000 for shared residence proceedings.