Z (No.3) (Schedule 1: Further orders) [2021] EWFC 85 (20 October 2021)

Z (No.3) (Schedule 1: Further orders) [2021] EWFC 85 (20 October 2021)

The court held that the higher nanny allowance (£9,038pcm) should continue until 31 December 2021, covering the period of Zoe's surgery and immediate recovery, after which a standard nanny allowance of £4,000pcm is appropriate. The court also found that the mother's deliberate misrepresentation regarding a family loan constituted serious litigation misconduct, justifying a partial disallowance of her costs and an order for her to contribute £5,000 to the father's costs.

Citation
[2021] EWFC 85
Parties
Applicant (mother): X; Respondent (father): Y
Jurisdiction
England and Wales
Judgment Date
20 October 2021
Procedural Posture
Schedule 1 Children Act 1989 Proceedings / Interim Financial Provision and Costs Order Determination
Outcome
Interim maintenance for nanny at £9,038pcm until 31 December 2021, then £4,000pcm thereafter; costs order made against the mother for litigation misconduct.
Legal Topics
Child Maintenance, Interim Financial Provision, Costs Orders, Schedule 1 Children Act 1989
Family Law Child Maintenance Interim Financial Provision Costs Orders Schedule 1 Children Act 1989

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Parties

X

Applicant (mother)

Y

Respondent (father)

Procedural Posture

Schedule 1 Children Act 1989 Proceedings / Interim Financial Provision and Costs Order Determination

Legal Issues

  1. 1 Duration and rate of interim maintenance for nanny/maternity nurse
  2. 2 Whether a costs order should be made against the mother for litigation misconduct

Ratio Decidendi

The court held that the higher nanny allowance (£9,038pcm) should continue until 31 December 2021, covering the period of Zoe's surgery and immediate recovery, after which a standard nanny allowance of £4,000pcm is appropriate. The court also found that the mother's deliberate misrepresentation regarding a family loan constituted serious litigation misconduct, justifying a partial disallowance of her costs and an order for her to contribute £5,000 to the father's costs.

Court Disposition

Interim maintenance for nanny at £9,038pcm until 31 December 2021, then £4,000pcm thereafter; costs order made against the mother for litigation misconduct.

Orders

  • Mother to receive interim maintenance for nanny at £9,038pcm until 31 December 2021.
  • From 1 January 2022, nanny allowance to be £4,000pcm.