Children proceedings

General principles

The general position in children proceedings is that it is unusual for the court to make an order for costs, although children proceedings are subject to the general rule that the court may at any time make such order as to costs as it thinks just. The Civil Procedure Rules 1998 (CPR), SI 1998/3132 and Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 apply. The general principle that costs follow the event does not apply to family proceedings. An award of costs against a parent is exceptional, the courts being anxious not to create an impression that the parent is being punished, reducing co-operation between the parents and thereby impacting adversely on the child’s welfare. In children cases, parties should not be deterred from taking court proceedings if they have a reasonable case for fear of a costs order being made against them. Where a costs order is made, costs on an indemnity basis, as opposed to a standard basis, remain rare in children proceedings.

The court may make an order for costs if it regards the circumstances as exceptional. This will generally only occur where