Examining the courts’ approach to costs in private law children proceedings: is it time for a more effective system to be implemented?

Costs orders are relatively rare within private law children matters. However in light of the judgement of Re B (A Child) (Unnecessary Private Law Applications) and the increasing awareness of the unsustainable number of unnecessary applications before the court is the current approach to costs orders in private law proceedings adequate?

This article will explore the court’s current approach to costs orders in private law children proceedings and provides a critical analysis of the law in this area. In this article it is acknowledged the risk that granting costs orders too liberally could deter those who do need to truly use the court system and this is a matter of public policy that must be taken seriously. However the authors of this article argue that a more robust approach to cost sanctions would be beneficial and is in fact necessary in order to deter a further increase in unnecessary private law children applications.

The full article will be published in the March issue of Family Law.