Read the full judgment text of FCMC 10984/2020 on BabelCite. This Family Court judgment was delivered on 12 July 2023 before Her Honour Judge Thelma Kwan.
Family law – costs – variation of costs order – exceptional circumstances – financial hardship – child welfare – relocation – unreasonable conduct – District Court – The usual starting point for costs in family cases is 'no costs', but the court has wide discretion in exceptional circumstances such as reprehensible conduct, unreasonable stance, or financial hardship affecting the child's welfare – The Respondent took an unreasonable stance on income factoring and depleted the Petitioner's savings for relocation, risking the children's welfare – The Court varied the Cost Order Nisi to require the Respondent to pay 75% of costs arising from the relocation proceedings and 50% of the costs of the variation application – Costs varied; 75% of relocation costs and 50% of variation costs payable by Respondent
Legal issues: Costs starting point and discretion in family cases · Variation of costs order based on financial hardship
Outcome: Cost Order varied; Respondent to pay 75% of costs arising from relocation proceedings and 50% of costs of variation application.
Cited by 2 cases · Cites 1 case