Machins Solicitors Demonstrate their Excellence in Complex Children’s Case, Securing Rare Cost Order Victory

Led by Sadie Glover (with Counsel, Beth Hibbert of 1GC Family Law Chambers, instructed), Machins successfully represented a father in complex children proceedings, resulting in a Section 91(14) barring order and a full award of 100% of the client’s costs.

Main Proceedings: Mother’s Application to Vary the Child Arrangements Order

In M v F [2024] EWFC 393, the Family Court considered whether to vary a child arrangements order for A, a partially verbal 15-year-old with autism.

Following a 2023 order that provided for A to live with both parents on a 50% basis, the mother applied in January 2024 to modify the arrangements, claiming that A was not coping, and that the father’s contact should be reduced. The father opposed this change.

Throughout the proceedings, the mother and her legal team’s conduct was very concerning. The solicitors failed to understand or act upon the clear directions of the court, for example filing six lengthy statements instead of one, and seeking to adduce evidence that fell outside of the parameters the court had ordered.  The mother made several false and serious allegations against the father, which she later abandoned. During the course of the proceedings, the court, of its own motion, made a non-molestation order against the mother, when it came to light that she had covertly recorded A’s time with his father by placing a recording device in his bag.

Ultimately, the court found that the mother’s application was “without merit,” reinforcing the importance of adhering to court orders. To prevent further unnecessary litigation, the court imposed a Section 91(14) order, barring any future applications without permission for the next 14 months.

Cost Proceedings: Father Seeks for the Mother or her Solicitors to Pay Totality of his Costs (M v F (No 2) [2024] EWFC 394 (B))

Following on from the substantive proceedings, the Family Court then considered whether the mother or her solicitors should bear the father’s legal costs following the unsuccessful application.

Costs orders in children proceedings are generally rare. The judge’s decision to award 100% costs in this case was significant. The court found the mother’s behaviour to be “unreasonable and, in some respects, reprehensible.” Additionally, the judge highlighted “improper, unreasonable, and negligent acts” by the mother’s solicitors. The judge ordered 65% of the costs to be paid by the mother, and 35% to be paid by her solicitors, under a wasted costs order.

The reported judgments can be found here:

Main Judgement

Costs Judgement

At Machins Solicitors, we understand that when a family breaks down, the welfare of the child is the primary consideration. Our dedicated Family Department provides expert advice on disputes concerning children, always aiming to achieve outcomes that serve their best interests. We assist clients with Child Arrangements Orders, Parental Responsibility disputes, child abduction cases, and both domestic and international relocations.

Where possible, we encourage resolution without court intervention through alternative dispute resolution methods such as mediation, collaborative law, and amicable negotiations. However, when necessary, our experienced lawyers can guide you through the family court process. The court has the power to grant a range of orders, which you can learn more about here.

If you need support with a family law matter, please get in touch with our team today.