G v W

G v W

The judge erred in dismissing the mother's need for a nanny and in directing that future childcare costs be paid out of the agreed maintenance, contrary to the parties' express agreement. The appeal is allowed to the extent that the father must fund specified childcare costs, but not for past voluntary payments to the mother's relatives or for reckless over-expenditure. No further provision is made for medical or security costs, and the costs clawback mechanism is upheld.

Parties
Appellant Mother: G; Respondent Father: W
Jurisdiction
England and Wales
Judgment Date
11 May 2022
Procedural Posture
Schedule 1 Children Act 1989 Financial Proceedings / Appeal From Order of Recorder Chandler QC
Outcome
Appeal allowed in part; other grounds refused.
Legal Topics
Child Maintenance, Schedule 1 Children Act 1989, Financial Provision for Children, Childcare Costs, Legal Costs in Family Proceedings
Family Law Child Maintenance Schedule 1 Children Act 1989 Financial Provision for Children Childcare Costs Legal Costs in Family Proceedings

Case Brief

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Parties

G

Appellant Mother

W

Respondent Father

Procedural Posture

Schedule 1 Children Act 1989 Financial Proceedings / Appeal From Order of Recorder Chandler QC

Legal Issues

  1. 1 Whether the father should pay all of the mother's liabilities in the best interests of the child
  2. 2 Whether the father should pay additional periodical payments for a nanny or regular childcare
  3. 3 Whether the mother is entitled to lump sums for medical treatment and security costs

Ratio Decidendi

The judge erred in dismissing the mother's need for a nanny and in directing that future childcare costs be paid out of the agreed maintenance, contrary to the parties' express agreement. The appeal is allowed to the extent that the father must fund specified childcare costs, but not for past voluntary payments to the mother's relatives or for reckless over-expenditure. No further provision is made for medical or security costs, and the costs clawback mechanism is upheld.

Court Disposition

Appeal allowed in part; other grounds refused.

Orders

  • Father to fund 16 hours of childcare per week at £20 per hour until September 2025, then 12 hours per week until September 2031.
  • No provision for past voluntary payments to the mother's relatives or reckless expenditure.