Family Award of costs Costs of guardian ad litem The Child Care Act, 1991
Family - Award of costs - Issue of public importance - Costs of guardian ad litem - The Child Care Act, 1991
Facts: The third named notice party sought an order for costs in the present substantive proceedings against the Child and Family Agency (CFA). The said party asserted that since she was a professional expert, the complexity of the case required her to raise issues of public importance.
Held: Ms. Justice Baker awarded the costs to the third named notice party being the guardian ad litem against the CFA. The Court found that the issues raised by the said notice party were related to statutory interpretations and were of public importance and hence, she should be awarded her costs. The Court, however, cautioned that it would not lean in favour of awarding costs in every such case where the issue of child rights were raised in relation to the child already under the care of the State.
O'D (A) v O'Leary, Judge Constantine
30/11/2016 No. 2015/420 JR [2016] IEHC 757