L (Costs of Children Proceedings)
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LADY JUSTICE BLACK
- LORD JUSTICE KITCHIN
- LADY JUSTICE GLOSTER
Areas of Law
- Family Law
- Civil Procedure
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The case involves a mother's appeal against a lower court's order that awarded residence and control of children's trust funds to the father and ordered the mother to pay the father's costs. The lower court's decisions were made without the mother being present or represented. The Appellate Court granted the mother permission to appeal, allowed her appeal concerning the children's trust funds due to lack of proper notice and evidence, and set aside the costs order as it was not justified by the mother's conduct in litigation. The court highlighted significant legal principles including the general rule on costs in family proceedings and the exceptional nature of costs awards against parties in children's cases.
Judgment
Lady Justice Gloster :
Introduction
This is an application by the appellant mother (whom I shall refer to as “the mother”), for permission to appeal, an extension of time and, if permission is granted, the appeal against paragraphs 5, 6 and 9 of an order made by HHJ Meston QC on 25 March 2013 in the Bournemouth and Poole County Court (“the Order”), on the application of the respondent father (whom I shall refer to as “the father”).
The hearing before HHJ Meston QC took place in the absence of the mother for reasons which I shall elaborate below.
The material parts of the Order (as anonymised by me) were as follows:
“UPON hearing counsel for the applicant father …and counsel for the children’s guardian.
AND UPON the respondent mother …. neither attending nor being represented, and the court being informed that the mother had been notified of this hearing and of the application for an order for costs.
AND UPON it being recorded that the children’s current wishes and feelings regarding contact with their mother are as set out in paragraph 2 of the report of the guardian …. dated 20.03.2013, being that:
a) Contact with their mother should re-establish on a gradual basis and be guided by the children.
b) At least initially contact should be supported and might, for example, start with a short contact at the maternal grandmother’s home or supported by the maternal aunt Sarah.
c) The children’s expressed hope is that contact would gradually increase up to a maximum of:
i) staying contact during school term time, on alternate weekends from Friday after school until 7pm on Sunday;
ii) staying contact during Easter school holidays and Christmas school holidays, for one week; and
iii) staying contact during the Summer school holiday, for between two and three weeks.
AND UPON the guardian supporting the father being responsible for administering the children’s trust funds, and further supporting the father being responsible for decisions relating to the children’s future schooling.
1. The child TL (d.o.b. 10.04.2000) shall reside with the applicant father.
2. The child BL (d.o.b. 23.06.2003) shall reside with the applicant father.
3. The Order of District Judge Willis dated 15.05.2012 be discharged and replaced by the provisions of this order.
4. The applicant father shall be solely responsible for making decisions in respect of the schooling of each child.
5. The applicant father shall be responsible for administering the Child Trust