Should a child’s parents be separated, a Child Arrangement Order decides who the child will live with and the amount of time they will spend with the other parent. It also covers when and what types of contact take place e.g. letters, phone calls, video calls.
You would also need a Child Arrangement Order if you have agreed who the child will live with but can’t agree on the amount of time they will spend with the other parent.
Other reasons could include if one side wants to impose conditions on the other parent seeing the child in order to protect the child’s welfare.
If this is the case, then you will need to apply to the Family Court for a Child Arrangement Order for them to make a judgment on regulating the contact arrangements.
A costs order is an instruction issued by a court or tribunal that one party should pay part or all of another party’s costs.
Such child arrangement costs orders are rarely made. They are only made where it can be shown that the opponent’s conduct has been reprehensible or unreasonable. They are usually imposed on a losing party, and to be honest, there are no winners or losers in cases involving children.
The court has the power to award costs orders in such proceedings either as against your opponent under Family Procedure Rules 28.1, or in certain cases which justify it, against a non-party under Section 51(1) and (3) of the Senior Courts Act 1981.
The court also must take into consideration the impact such an order would have in terms of future relationships between the parties, and the effect of such an order on the children in addition. It is for these reasons that such orders are not made readily.
To consider such an application, the court would look at the principles contained within The Civil Procedure Rules 44.2 (4) and (5) and (6).
If during your case we felt that a costs order is an option for you, then our experts here at Astle Paterson will be able to advise and guide you in connection with any application.
The court can make a wasted costs order against an expert, or against a local authority or Children and Family Court Advisory and Support Service (CAFCASS) where the court has ordered that a report be filed, and the report is either unreasonably delayed or is deficient. The court needs to be satisfied that it is just in all the circumstances to make a wasted costs order.
For the court to determine that the report is deficient, it must consider the level of deficiency, the extent to which the court have had to act to get the non-party to remedy the deficiencies, and whether the non-party has complied with any government guidelines.
Where any expert report, or section 7 or section 37 report is delayed or not filed on time with no request for an extension of time or explanation, this is likely to be deemed by the court to be improper behaviour.
The court also have the power to make wasted costs orders against either parties’ or their solicitors where they have failed to comply with case management directions and that delay results in any hearing not being able to proceed.
If there is any possibility of securing any costs orders, Astle Paterson can action any application for you. Get in touch now if you require advice regarding costs of existing proceedings or help with any Child Arrangements Court Proceedings.
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If you want to read into some of the cases mentioned, please click on the links below:
