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Cost reimbursement

  • chunachuni
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12 Oct 20 #514415 by chunachuni
Topic started by chunachuni
I had a long battle with my ex regarding Children. In summary she did flee to Scotland last year, in response to that I made an application to court for children’s return. Kids got back to family home and I have been staying in family home with kids as ex decided to lives on her own separately.

She submitted a long list of allegations against me to prove her flee to Scotland, in response I also submitted few allegations. We had 2 long days of “fact finding hearing” where barrister did cross questioning to each parent. The judgment of “fact finding hearing” has been announced recently, and Judge made 100% of mother allegations UN-TRUE, on other hand 100% allegations from father are TRUE.

Judge also wrote that “it was clear Mother made up all these stories to support her case and her intention was just to keep adding allegations”

My question is since her allegations were made UN-TRUE and she fibrecated everything as she wanted to flee to Scotland. Can I make a claim against her on recovering my legal cost which I paid to solicitors and court. Of course, solicitors and barristers are too expensive, I think she should pay my cost.

Please advise.

  • .Charles
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13 Oct 20 #514423 by .Charles
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The time for making an application for costs is at the hearing. If no order for costs has been made the only way to obtain this is to appeal the order which would involve challenging the result that you fought for.

Costs orders in Children Act proceedings are very rare even when a party is completely at fault as is the case here. However, if you don't ask, you don't get. Did you have representation at the hearing?

Charles

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