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Family

Can a family court order security for costs against a party before a case proceeds further?

TSL Written by the Treadstone Law team· Updated August 2026

Yes, in certain circumstances a family court can order a party to post security for costs — essentially funds or a guarantee set aside to cover a potential future costs award — before allowing the case to proceed further. This is generally used where there's a real, demonstrated concern that the party in question wouldn't be able to satisfy a costs award later, such as where they live outside the jurisdiction with limited connection or assets here, or where their conduct in the case has already shown a pattern of ignoring court orders, including prior costs orders.

This isn't a routine step in ordinary family litigation and is meant to protect the other party from being left unable to recover costs they've properly earned, rather than as a way to pressure a party who simply has fewer financial resources. A court asked to order security for costs weighs the genuine risk of non-payment against the effect ordering it would have on that party's ability to participate in the case at all, since it can be a significant financial barrier. Anyone facing a request for security for costs should get legal advice given how fact-specific and consequential this kind of order can be.

Key takeaways

  • Security for costs requires a party to post funds or a guarantee before proceeding further.
  • It's used where there's a real risk the party couldn't satisfy a future costs award.
  • It isn't routine and is meant to protect against non-payment, not to pressure a party.
  • Courts weigh the risk of non-payment against the effect on that party's access to the case.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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