Who bears the cost in family court proceedings?
This article, relating to the family court case MH v KF, references how parents generally bear their own costs at the family court.
In this case, the Judge his Honour Judge Middleton-Roy stated that there was not a consensus in proceedings involving children in the family court that the unsuccessful party is ordered to pay the costs of the successful party.
He did however state that in some circumstances the family court is a special case. Her said this is to: ‘militate against the approach that is appropriate in other kinds of adversarial civil litigation’.
He highlighted how, for instance, it is of central concern where the interests of a child are being considered. Putting the interests of the child uppermost is why it is common in family proceedings (particularly those proceedings involving a child) for no order to be made in relation to costs.
As usual, the court retains a wide general discretion on awarding costs.
HHJ Middleton-Roy said that it is important to note too, that the family court considers the conduct and manner of parties when considering whether to make a court order on costs and what that will be.
He said: ‘In deciding what order, if any, to make about costs, the court must have regard to all the circumstances, including the conduct of all the parties and whether a party has succeeded in part of their case, even if they have not been wholly successful. In respect of the conduct of the parties, this may include conduct before, as well as during, the proceedings, whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue and the manner in which a party has pursued or defended a case or a particular allegation or issue.’