Will my ex pay my legal costs in children proceedings?

In court proceedings concerning children the general rule is that each party will pay for their own legal costs.

The reason for this is that the Court does not view these cases as having a ‘winner’ or ‘loser’. Rather, the court makes a considered decision as to what is in the children’s best interest with the paramount consideration being that of the welfare of the children.

However, the above is subject to exceptions and in rare circumstances the court will make an order for costs. When the court is deciding what order, if any, to make about costs, it will have regard to all the circumstances, including the conduct of the parties. Conduct can include: conduct before as well as during the court 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 particular issues.

It must be noted that for a costs order to be awarded by the family courts the conduct of the other party must be particularly bad and is a very high bar set by the court.  Such orders are therefore incredibly rare. 

Where does this leave you? It is important to be aware that unreasonable and unnecessarily vicious litigation or persistently bad behaviour during court proceedings may well result in someone having to pay some of the costs of the other side.   However, they are the exception and not the rule. 

If you need advice concerning children and child arrangements or other matters relating to divorce and separation, please do contact Harrowells Family Law Team.