Costs orders for child arrangements

Costs orders are rare in child law cases as the court focuses on the child’s best interests, rather than rewarding or punishing the parents; however, they are becoming more common.

In this blog, our child law solicitors explain what a costs order is and how they can be used in child arrangements cases.

What is a costs order?

A costs order is when the court orders one party (or person) in proceedings to pay some or all the legal costs of the other party.

The court can make a costs order at any time during a case, and it doesn’t always mean full reimbursement of costs incurred.

How does the court decide whether to make a costs order?

When considering making a costs order, the court will consider:

• Whether a party has succeeded on the whole or part of their case.
• The conduct of the parties, including:
  • Conduct before and during the proceedings, such as non-compliance with court orders;
  • Whether it was reasonable for a party to raise, pursue or contest an allegation or issue;
  • The manner in which a party pursued or defended an allegation or issue; and
  • Whether the party that succeeded has exaggerated or partly exaggerated their claim.

Costs orders in child arrangement proceedings

Costs orders in children cases are rare because the court is aware that if one is made, it means there is less money available to meet the child’s needs. Costs orders can increase the acrimony between the parties and/or deter parties from making an application which may be in the interests of the child.

The court can make a costs order in child law cases when it can be proven that the other party’s conduct is unreasonable or if they have breached court orders.

Applying for a costs order in child arrangements

A costs order being made in children proceedings can be beneficial in that it can help ensure parents act responsibly, and it can help protect the cooperative party (i.e. if the other party refuses mediation or is uncooperative). A costs order can also sometimes motivate parties to settle matters early to keep costs down.

Costs orders are only appropriate in certain circumstances, and the focus should always be on what is in the child or children’s best interests. Your solicitor will advise you on whether a costs order is right for you.

If proceedings are cancelled or the court’s decision is cancelled, a ‘costs thrown away’ order covers the legal expenses that were ‘wasted’ as a result. The party whose actions caused this will be liable to pay.

Contact our child arrangements solicitors

When parents separate, it is not always possible to agree on child arrangements amicably. In this case, applying to the court for a Child Arrangements Order can be a positive way of moving forward and deciding what is in the child’s best interests.

During your case, if our solicitors feel that a costs order is appropriate, we will discuss this with you and make the necessary applications to the court.

To book an appointment with our specialist child law solicitors, call 0117 325 2929 or fill out our online enquiry form.