Can cost orders be made in Children Act proceedings?

This is a question which comes up regularly when dealing with arrangements for children. Whether it be for tactical reasons, perpetuating domestic abuse or just downright disrespect for the system, the issue of cost Orders in children matters is one which has been considered a lot in the Family Courts.

So, what is the general position? Whilst the Court can make a costs Order as it deems fit, in reality it is very unusual in proceedings involving children. This is because such orders are likely to reduce the funds available to meet the family’s needs and is likely to increase tension or conflict between the parents (which is not in the child(ren)’s best interests).

This is not to say it is impossible, and the Court must consider all the circumstances when determining whether an Order for costs is just and reasonable. This includes:

• Whether the person asking for costs has been successful in whole or in part of their case;
• The conduct of the parties before and during the proceedings;
• Whether it was reasonable for a party to raise or contest a particular allegation or issue and the manner in which they raised or contested that issue.

There have also been principles established in case Law for determining when an Order for costs can be made. For example, the case of Re T [2012] determined that there should be no order for costs unless there is evidence of “reprehensible behaviour or an unreasonable stance”. Some examples of successful application for costs are outlined below:

• A father’s harmful motivation for the litigation, failure to attend Court hearings and very late applications to consider additional evidence;
• Extreme and unfounded allegations of a sexual nature;
• An unreasonable refusal to engage in Non-Court Dispute Resolution (NCDR);
• Failure to undergo Court ordered drug and alcohol testing or failure to attend interviews with a clinical psychologist;
• Specific and deliberate breaches of a child arrangements order which had been serious, unreasonable, and reprehensible.

It is important to note however, two recent cases in which appeals against cost Orders have been successful.

In Pringle v Nervo [2026], the Court of Appeal overturned a £385,000 costs Order against the father, determining that the Judge had failed to consider both parties’ conduct in the proceedings and reaffirmed that costs orders in Children Act proceedings are exceptional. The Court reiterated that, for such an Order to be made, there must be either behaviour that is reprehensible or exceptional, or a stance taken in relation to the proceedings that is unreasonable.

While the Judge acknowledged that the father behaved “shamefully and deceitfully” towards the mother, his conduct in relation to the proceedings was held to amount to “low level procedural misconduct only” and therefore could not justify the costs Order.

In Re M (A Child: Costs) [2026] the Judge correctly directed herself on the general practice of not awarding costs in children’s cases unless there are exceptional circumstances involving reprehensible or unreasonable conduct but erred in applying those principles.

Therefore, it remains the case that cost Orders in matters involving children are rare. There must be obvious and serious reasons to satisfy the Court that an Order for costs is just, bearing in mind all the circumstances of the case.

Please get in touch with the Family Team should you have any questions about issues surrounding arrangements for your children.