In the matter of B [2011] JRC 045 (28 February 2011)

In the matter of B [2011] JRC 045 (28 February 2011)

The respondent acted unreasonably by abruptly suspending overnight contact and prolonging litigation after clear advice to resume contact, creating exceptional circumstances justifying a costs order against her.

Citation
[2011] JRC 045
Parties
Petitioner: Petitioner; Respondent: Respondent
Jurisdiction
Jersey
Judgment Date
28 February 2011
Procedural Posture
Family Law Child Contact/costs / Post Judgment Costs Application
Outcome
Costs awarded to the petitioner against the respondent.
Legal Topics
Child Contact, Costs Orders, Unreasonable Conduct, Exceptional Circumstances
Family Law Costs Child Contact Costs Orders Unreasonable Conduct Exceptional Circumstances

Case Brief

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Parties

Petitioner

Petitioner

Respondent

Respondent

Procedural Posture

Family Law Child Contact/costs / Post Judgment Costs Application

Legal Issues

  1. 1 Whether the respondent's conduct justified an order for costs against her in child contact proceedings.

Ratio Decidendi

The respondent acted unreasonably by abruptly suspending overnight contact and prolonging litigation after clear advice to resume contact, creating exceptional circumstances justifying a costs order against her.

Court Disposition

Costs awarded to the petitioner against the respondent.

Orders

  • Respondent to pay the petitioner's costs of and incidental to the summons of 3rd December 2010 on the standard basis, such costs to be paid out of the respondent's share of the proceeds of sale of the matrimonial home, if any.