Contact Order

[Bigapps]

I have a contact order and have applied to the court to be ammended. This has been listed for a directions appointment. Can I claim cost from the other party if it goes in my favour? Do I need a proof of all my cost incurred so far?

[StarskyH]

Presumably this is a contact order to see a child. Firstly I would remind you that you have in fact no rights to see a child, it is the child who has the right to see you. Again I assume that the other party has not breached the contact order. I say this as exceptionally you might be able to claim costs if there has been a breach, but not generally. Lastly from your note it is you that is seeking the amendment, so you who needs the court's assistance. On this basis alone I would suggest that the costs are yours to meet.

[Pippa68]

I have to correct you there, Starsky.

You are right in the fact that the child has a right to contact with a parent, this is now paramount since the Children Act 1989 ~ however the parent does still have the right to contact with the child. In the 'bad old days' children weren't considered with regards to contact.

I also agree with you regarding the costs aspect. If it is Bigapps who has applied for the ammendment, then the cost must be met by them regardless of the outcome.

Luckily when my husband was in this situation he represented himself, so the only cost to him was the application fee.

[Bigapps]

Thanks for all your info. Yes it is contact for a child. The truth of the matter is, the other party is resisting sensible and practical proposals put to them hence the Court is being used as the last resort. Although I am representation is done by myself, I have had to seek independent legal advice from a law student which I had to pay for. Besides, I have had to take half a day off work here and there which I don�t get paid for. Hence my question is can I recover this cost incurred so far?