Compensation of court costs
In Australia, there are two ways in which a party can be reimbursed for the costs of proceedings.
Where a party is unsuccessful, the other party may be awarded costs of proceedings, under the Federal Proceedings (Costs) Act 1981.
Section 111B
In proceedings under regulations made for the purposes of section 111B, the court may also make an award in respect of costs that is
(a) against a party who has improperly removed or retained a child or wrongfully prevented the exercise of rights of access has (within the meaning of the
Convention) has impeded; and
(b) in respect of necessary expenses incurred by the person who made the application, under that Convention, concerning the child.
Section 8
When the Appeal Court refers a case back to the court so that the court may rehear the case, it may grant the parties a costs certificate persuant to section 8 of the Federal Proceedings (Costs) Act 1981 (Cht) being a certificate that, in the opinion of the court, it would be approprate for the Attorney-General to authorise a payment under that Act to each of the parties in respect to the costs incurred by them in relation to the rehearing ordered.
Comar & Comar
This happened in the Comar & Comar case, of April 24, 2020. In this case, the court had denied the children’s return to Colombia because there was a serious risk that, if returned, the children would be exposed to a physical or mental danger, or in any other way be placed in an intolerable condition.
The Appeal Court held that the judge and the Family Consultant had not taken into account the father’s (unchallenged) statement about how he would care for the children if the children were returned, and that therefore the primary judge made errors in reaching the finding of grave risk. The Appeal Court grants to each of the parties a costs certificate pursuant to section 8 of the Federal Proceedings (Costs) Act 1981.
Read more about International Child Abduction
Read more about child relocation and child abduction in Australia.
All blogs from The Author:
- Family Law Watch List (Airport Watch List) – Australia
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- Golan v. Saada
- 12 months of suspended prison sentence
- The interests of children in the Divorce Act
- Temporary, but not
- No return during pending asylum application
- How not to involve the children
- No grave risk exception
- Article 15 Determination
- Return to Madrid ? No, to Spain.
- Habitual residence in appeal court
- Intolerable situation
- U.S. : Protective measures
- Rights of custody
- Enforcement: 10 days of coercive detention
- Monasky v. Taglieri
- Mediation in Germany
- Permission to move not required
- U.S. : enforcement of a return order
- Habitual residence
- Guides to Good Practice
- Mother had sole custody, but must return the child
- Chafin v. Chafin
- Grave risk, no return