Contempt of court proceedings fees

[murphyb007]

Hi, I was wondering who pays the fees in Contempt of Court proceedings. Myself or my ex who I have had to bring to court for breaking the order near 20 times in less than a year? What is the likely outcome going to be? Thanks

[des8]

If you are the applicant you will need to pay the court fees.
Have you read CPR 81?

As we know nothing about the allegations of breaching the court order, nor of the defendants possible defence, how do you think we may have any idea of the outcome?
In any case it is a foolish to try and second guess how a court will decide.

[murphyb007]

The judge found contempt of court and fined my ex, she got a fine less than what is cost me for my day in court and she never showed up. Since the fine, which had disputed and not paid she had broken the order Every week since, if I take her back I am going to be out another fortune with Barristers etc, surely I shouldn’t have to keep paying?

[des8]

Am I correct in assuming you didn't apply for your costs?

The standard rule is the loser pays, but application needs to be made and then it is down to the discretion of the judge.

If awarded you then have to get them from the loser, which can be easier said than done!

[murphyb007]

It’s cost me just over £500, the fine was £265. I had to pay costs, if paying my way from the start off it all,

[dslippy]

If you make a claim, you are settling a dispute between the parties, and it is right that the loser should pay the award and costs..

If you bring comtempt proceedings you do so almost in a sense of public spiritedness, and the court makes an order proportionate to what it feels is the weight of the breach as against that public interest. Your expenses, in this case at least are a measure of your public spirit.

I am sorry for the way this turned out for you, but it reflects the dangerous waters entered by those moving from the case as between the parties, to the wider sense of public spirit.

[murphyb007]

Thanks for your advice, not sure if it differs but it is in the Northern Ireland courts, I got a solicitors bill for the contempt case even though she was found in contempt of court, the judge didn’t even want to see my evidence because he know the history of the case and was adult away the mother was at fault. I have no want to constantly be going to court but un spending an hour to and from the kids just for no one to be there, just need it ti stop, and can’t afford to constantly be paying fees when the mother is the repeat offender by breaking the order, and getting the Judges back up,