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A judge has explained the family court’s approach to costs orders after rejecting a mother’s application in a case where her children were not returned to her by the father on time due to welfare concerns.

The mother, in MH v KF, denies the allegations and applied for an order that the father pay her costs of the application for a specific issue order in the sum of £21,414,80.

His Honour Judge Middleton-Roy said there was no general rule in proceedings involving children in the family court that an unsuccessful party will be ordered to pay the costs of the successful party. However, there are special considerations ‘that militate against the approach that is appropriate in other kinds of adversarial civil litigation. This is particularly important where the interests of the child are at stake. This explains why it is common in family proceedings, and usual in proceedings involving a child, for no order to be made in relation to costs.’

Read the full article here: The Law Gazette

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