Q (A Child) [2015] NIFam 1 (3 February 2015)

Q (A Child) [2015] NIFam 1 (3 February 2015)

Despite the court's power to make a costs order against a legally aided party, the father's conduct did not warrant such an order and making costs orders in these circumstances would undermine the policy of automatic legal aid in Hague Convention cases. Therefore, no order for costs is made against the father.

Citation
[2015] NIFam 1
Parties
Plaintiff: J; Defendant: G
Jurisdiction
Northern Ireland
Judgment Date
03 February 2015
Procedural Posture
Child Abduction (hague Convention) Costs Ruling / Post Judgment (costs Application After Substantive Decision)
Outcome
No order as to costs against the plaintiff; plaintiff's costs to be taxed in the normal way.
Legal Topics
Child Abduction, Hague Convention, Legal Aid, Costs Orders
Family Law International Law Child Abduction Hague Convention Legal Aid Costs Orders

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Parties

J

Plaintiff

G

Defendant

Procedural Posture

Child Abduction (hague Convention) Costs Ruling / Post Judgment (costs Application After Substantive Decision)

Legal Issues

  1. 1 Whether a costs order should be made against a legally aided unsuccessful plaintiff in a Hague Convention child abduction case
  2. 2 Whether the disparity in legal aid treatment between applicant and respondent parents justifies a costs order

Ratio Decidendi

Despite the court's power to make a costs order against a legally aided party, the father's conduct did not warrant such an order and making costs orders in these circumstances would undermine the policy of automatic legal aid in Hague Convention cases. Therefore, no order for costs is made against the father.

Court Disposition

No order as to costs against the plaintiff; plaintiff's costs to be taxed in the normal way.

Orders

  • No order for costs in respect of the defendant's costs.
  • Plaintiff's costs to be taxed in the normal way.