In the matter of CC [2011] JRC 114A (14 June 2011)

In the matter of CC [2011] JRC 114A (14 June 2011)

The father's conduct, while at times unreasonable, did not amount to overall unreasonable litigation conduct, and the case was not sufficiently exceptional to warrant a costs order in children proceedings.

Citation
[2011] JRC 114A
Parties
Applicant: Mother; Respondent: Father
Jurisdiction
Jersey
Judgment Date
14 June 2011
Procedural Posture
Children Residence and Contact Application / Costs Determination Following Consent Order
Outcome
no order as to costs
Legal Topics
Residence Order, Contact, Costs in Children Cases, Parental Responsibility
Family Law Residence Order Contact Costs in Children Cases Parental Responsibility

Case Brief

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Parties

Mother

Applicant

Father

Respondent

Procedural Posture

Children Residence and Contact Application / Costs Determination Following Consent Order

Legal Issues

  1. 1 Should a costs order be made in children proceedings where residence is determined by consent?
  2. 2 Was the respondent's conduct unreasonable enough to justify a costs order?

Ratio Decidendi

The father's conduct, while at times unreasonable, did not amount to overall unreasonable litigation conduct, and the case was not sufficiently exceptional to warrant a costs order in children proceedings.

Court Disposition

no order as to costs