G v A (No 4) (Schedule 1 settlement of property)

G v A (No 4) (Schedule 1 settlement of property)

The actions of the father and Dr Pelling, whether intentional or not, served to obstruct the smooth purchase of a property for the child. To prevent further delay and ensure the child's welfare, it was necessary to empower Mr Swycher to act as sole trustee and prohibit further interference. Costs were awarded against the father and Dr Pelling as their conduct made the application necessary.

Parties
Mother / Applicant: G; Father / Respondent: A; Trustee / Respondent: Dr Michael Pelling; Trustee / Applicant: Mr Ian Swycher
Jurisdiction
England and Wales
Judgment Date
29 November 2011
Procedural Posture
Children Act 1989, Schedule 1 Application (settlement of Property) / Post Judgment Enforcement / Directions Hearing
Outcome
Application granted; orders made to empower sole trustee, prohibit interference, and award costs.
Legal Topics
Children Act 1989 Schedule 1, Trustee Powers, Enforcement of Court Orders, Costs Orders
Family Law Trusts and Estates Children Act 1989 Schedule 1 Trustee Powers Enforcement of Court Orders Costs Orders

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Parties

G

Mother / Applicant

A

Father / Respondent

Dr Michael Pelling

Trustee / Respondent

Mr Ian Swycher

Trustee / Applicant

Procedural Posture

Children Act 1989, Schedule 1 Application (settlement of Property) / Post Judgment Enforcement / Directions Hearing

Legal Issues

  1. 1 Whether the trustee (Mr Swycher) should be empowered to act alone to complete the purchase of a trust property for the benefit of the child
  2. 2 Whether the actions of the father and Dr Pelling constituted obstruction of the trust property purchase
  3. 3 Whether costs should be awarded against the father and Dr Pelling

Ratio Decidendi

The actions of the father and Dr Pelling, whether intentional or not, served to obstruct the smooth purchase of a property for the child. To prevent further delay and ensure the child's welfare, it was necessary to empower Mr Swycher to act as sole trustee and prohibit further interference. Costs were awarded against the father and Dr Pelling as their conduct made the application necessary.

Court Disposition

Application granted; orders made to empower sole trustee, prohibit interference, and award costs.

Orders

  • Mr Ian Swycher empowered to act as sole trustee to complete the property purchase for the child.
  • Lloyds Bank, solicitors, and HM Land Registry to accept instructions only from Mr Swycher as trustee.