In most family court cases about children, each parent pays their own legal costs, whatever the outcome. A recent High Court decision, FAZ v MAZ (October 2026), is a useful reminder that there are exceptions.
In this case, a mother was ordered to pay £27,109.75 towards a father’s legal bills after allegations she pursued against him were not proved.
What Happened?
The parents separated in 2015, and their daughter, now 14, lives with her mother. In late 2023, the daughter made allegations about her father and all contact between them stopped. The father went to court to restore his relationship with her, while the mother asked the court to end contact altogether.
The mother made three allegations of sexual abuse against the father. Before and during the court hearing, she withdrew all three, and the judge found that none had been proved. Encouragingly, work has since begun to rebuild the relationship between father and daughter.
What Did the Court Decide?
The judge accepted that the mother genuinely believed her daughter had been harmed, and that her early concerns were understandable. However, he found that she went on to build a case against the father that was “untethered from reality”, including exaggerating evidence and at times being dishonest with professionals. This made the case last longer and cost more than it should have.
The father had asked for over £256,000. The judge did not order the mother to pay it all. Instead, he:
- Limited the order to the hearing about the allegations, not the whole case;
- Reduced the bill to what he considered reasonable (around £108,000), partly because hiring two barristers, including a senior one, was more than the case needed; and
- Ordered the mother to pay only a quarter of that amount, recognising that two of the allegations came from the daughter herself, that the mother was entitled to act protectively, and that the father’s own past behaviour had contributed to the mistrust between them.
What Does This Mean for You?
Three key points to bear in mind;
- If you have genuine, reasonable concerns about your child’s safety, you should not be put off raising them. The judge was clear that parents should not fear a costs penalty simply because allegations are not proved. However, it is a useful deterrent for those trying to bring improper allegations.
- Sincerely believing something is not always enough for the family court. If the way you pursue concerns becomes unreasonable, for example by exaggerating or refusing to consider other explanations, you could be asked to contribute to the other parent’s costs.
- Courts look at the whole picture, including both parents’ behaviour and the impact on the child, so any costs order is likely to be measured rather than all or nothing. Trying to resolve matters outside court, such as through mediation, can help. In this case, the court noted that the mother had not taken up the father’s offers to do so.
If you are worried about your child’s welfare or are facing allegations in children act proceedings, our excellent family law team are here to help. Please get in touch for a confidential conversation about your options.
