Care of Children Act 2004

71 Costs of contravention

• (1) On an application for the purpose or on its own initiative, the court may order a party to a parenting order (party B) to reimburse another party to the order (party A), either wholly or in part, for costs party A incurred, if the court is satisfied—

  • (a) that party B contravened the order and had no reasonable excuse for doing so; and

  • (b) that the contravention caused party A to incur the costs; and

  • (c) that the costs party A incurred were reasonable in the circumstances.

  (2) An order under subsection (1) (the costs order) may require costs (being costs party A incurred and is, under the order, entitled to be reimbursed for by party B) to be satisfied from money—

  • (a) deposited in the court by party B as a bond required by an order under section 70(1); and

  • (b) forfeited by a direction under section 70(4) made at the same time as the costs order is made.

  (3) Nothing in this section limits section 121 or section 142.