Can You Be Ordered to Pay Your Ex’s Legal Costs in a Children’s Case?

Many parents are understandably concerned that if they become involved in court proceedings about their children, they could be ordered to pay the other parent’s legal costs.

However, the family courts generally take a different approach. In most private law children cases, the starting point is that each parent pays their own legal costs, regardless of the outcome.

The recent Court of Appeal decision in Pringle v Nervo [2026] provides a useful example of this principle.

The case involved a dispute between parents concerning arrangements for their child. During the proceedings, the father withdrew his applications for child arrangements and parental responsibility orders. The judge at first instance later ordered him to pay 75% of the mother’s legal costs, citing various aspects of his conduct during the litigation, including the timing of the withdrawal of his applications and his failure to attend certain hearings.

The father appealed, and the Court of Appeal overturned the costs order.

In doing so, the Court emphasised that costs orders in children proceedings should only be made in exceptional circumstances. A party’s conduct must be sufficiently unreasonable to justify departing from the usual position that each parent bears their own legal costs.

Importantly, the Court found that although aspects of the father’s conduct could fairly be criticised, they did not cross the high threshold required for a costs order. The Court also stressed that when considering whether such an order should be made, the conduct of both parties throughout the proceedings must be taken into account.

This case is an important reminder that proceedings concerning children are different from many other types of litigation. The courts recognise that these cases can be emotionally challenging and that parents may change their position, make procedural mistakes, or ultimately decide not to pursue an application. Those factors alone will not normally be enough to justify one parent being ordered to pay the other’s legal costs.

The key message for parents is that the court’s focus is on resolving issues concerning the welfare of the children, rather than penalising either parent through costs orders. Only in exceptional cases, where a party’s conduct is particularly unreasonable, is the court likely to depart from the usual position that each parent bears their own legal costs.

If you are involved in a dispute concerning arrangements for your children and would like advice about the court process or the potential costs implications, please get in touch with our family law team.