CALIFORNIA FAMILY LAW
...Attorney Fees
......Actions-Types of
.........Federal Custody Actions
............Hague Convention
4 Cards On This Topic:

No error in dist. court restitution order that D pay W1's atty's fees incurred in state court civil contempt proceeding and her petition under Hague Convention to recover custody of Cs.

Although the prevailing party is entitled to an award for necessary costs, the losing party must have a fair opportunity to contest the request and show it to be unreasonable or "clearly inappropriate."

Although Hague Convention no longer applies to a child after they reach 16, court may still make a prevailing party fee order so long as return order issued before that date.

The prevailing petitioner is presumptively entitled to necessary costs and the statute shifts the burden of proof onto a losing respondent to show why an award of necessary expenses would be "clearly inappropriate."