Understanding Costs In Children's Proceedings – A Recent Judgment

Earlier this month, we published an article on Hague and non-Hague principles applicable to the Court's determining whether to return a child to his home country.

On 9 May 2025, the Hong Kong court awarded costs to the Father, diverging from the usual practice of no order as to costs for children proceedings. This article examines the legal principles applied and the key factors driving this exceptional ruling, offering insights for legal practitioners and parties involved in similar cases.

Legal Principles Governing Costs in Children's Proceedings

Children's proceedings, such as those concerning custody or Hague Convention matters, adopt a distinct approach to costs. Typically, the court follows a practice of "no order as to costs," where each party covers their own legal expenses. This stems from the inquisitorial nature of these cases, which prioritise the child's welfare over adversarial outcomes. The policy ensures that parents or guardians with a genuine