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The High Court refused to make an order as to costs following the dismissal of a relocation application in family law proceedings, where the central issue was whether children should move with one parent to another part of the country or remain in their current location. The court held that, although the decision aligned with the preferred outcome of one parent, the nature of the application was not a straightforward win/lose contest but rather an evaluative exercise focused on the children's welfare. The court found no evidence of misconduct, and determined that to award costs would unfairly reduce shared family resources and potentially prejudice future access to justice for the parties. Accordingly, the court made no order as to costs, having regard to the particular sensitivities and principles governing costs in family law cases.
costs – family law – relocation application – children"s welfare – Legal Services Regulation Act 2015 – s.169 – evaluative function – shared family assets – non-binary dispute – no order as to costs – D.K. v. P.I.K. – costs in family proceedings – chilling effect – access to justice – Holistic welfare assessment
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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