Costs orders in children cases — can you get the other side to pay?

REVIEWED BY: Sean McNamara on 2026-08-29

The starting point: no costs in children cases

Unlike financial remedy cases, the family court has a specific rule for children proceedings (FPR r.28.1): no party shall be ordered to pay another party's costs unless the court is satisfied that:

1. A party has behaved unreasonably, OR 2. There are exceptional circumstances justifying a costs order

This means: simply "losing" a children case does not mean you pay the other side's costs. This is deliberate — children cases should not become a costs battle that diverts resources from the child.

When costs ARE awarded in children cases

Wilful breach of an order — enforcing a child arrangements order and the other party breached it without good reason
Deliberately false allegations — making up abuse claims that the fact-finding disproves, especially if done to frustrate contact
Unreasonable conduct — serial applications that are plainly unjustified; failure to attend hearings without good reason; repeatedly changing instructions
Litigation misconduct — hiding evidence, coaching children, fabricating documents
Unreasonable refusal to mediate or comply with directions — where the other side was clearly unreasonable

How to ask for costs

1. Make a C2 application or raise it orally at the end of the hearing that went your way 2. Set out the other party's unreasonable conduct in writing, with evidence 3. Provide a schedule of your costs (as a LiP: hours at the fixed rate + expenses — see our LiP costs guide) 4. The court decides whether the threshold is met

What LiPs need to know

As a litigant in person, you can claim time and expenses at the fixed hourly rate (currently around £19/hour) — see our LiP costs guide
The court has full discretion — costs in children cases are genuinely rare
Focus your energy on the child's welfare, not on costs claims

Official links

FPR Part 28: https://www.justice.gov.uk/courts/procedure-rules/family
https://www.gov.uk/looking-after-children-divorce

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.