When do Courts Order Costs in Children Act Proceedings? Lessons from FAZ v MAZ [2026]

Rachael Sutcliffe, Solicitor

In the recent case of FAZ v MAZ [2026] EWFC 301, a mother was ordered to pay £27,100 towards the father’s legal fees, after allegations of sexual abuse that she raised against him were not proved. This followed an initial application by the father seeking a costs order of £257,000.

However this is not a case where the allegations were simply not found. The Judge went much further in their judgment, setting out that the mother had been inconsistent in her accounts, exaggerated certain matters and that she had been dishonest in the way that she had presented parts of her case. This was despite the Judge accepting that the mother genuinely believed the allegations, and that she had not coached the children.

When Can the Court Make a Cost Order?

Costs orders in family proceedings, whether under the Children Act 1989, Financial Remedy proceedings or Family Law Act applications, are only made in exceptional circumstances. The general rule is that each party is responsible for meeting their own legal costs.

Costs orders in family proceedings (whether this is applications under the Children Act, Financial Remedy Proceedings or Family Law Act matters) are exceedingly rare. They are only made when the court has found that one party has acted so unreasonably that it cannot be ignored.

The Crucial Distinction: Unproven vs Unreasonable Conduct

Costs are not awarded purely because allegations are unproven. This is extremely important to keep in mind and should not prevent parents from raising safeguarding concerns with the court. However, any concerns should be genuine and allegations must be presented accurately and with supporting evidence, wherever this is possible. This is the distinction in this case which resulted in the costs order being made.

Every case depends on the facts within, and this judgment does not mean that the court will suddenly start making costs orders in all cases where findings have not been made, even if the court has found that the parent making the allegations did not have sufficient evidence, or was inconsistent in their account.

If you are currently facing any difficulties regarding arrangements for your children, please contact our family team to arrange an initial, no obligation phone call on 01282695400.