CA v DR (Schedule 1 Children Act 1989: Pension Claim) [2021] EWFC 21 (24 February 2021)

CA v DR (Schedule 1 Children Act 1989: Pension Claim) [2021] EWFC 21 (24 February 2021)

The court determined that the appropriate housing fund for E and her mother is £1.6 million plus purchase costs, a lump sum of £109,000 for furnishing, car, and medical expenses, and periodical payments of £150,000 per annum (excluding school fees and car lease), reflecting the standard of living but excluding any provision for pension contributions, as the court has no jurisdiction under Schedule 1 to order such provision.

Citation
[2021] EWFC 21
Parties
Applicant: CA; Respondent: DR
Jurisdiction
England and Wales
Judgment Date
24 February 2021
Procedural Posture
Schedule 1 Children Act 1989 Financial Provision Application / Final Judgment After Contested Hearing
Outcome
Application granted in part; financial provision ordered for child and carer, but pension claim refused.
Legal Topics
Schedule 1 Children Act 1989, Financial Provision for Children of Unmarried Parents, Carer's Allowance, Pension Provision in Child Claims, Standard of Living Assessment, Housing Provision for Child and Carer, Periodical Payments, Lump Sum Orders
Family Law Schedule 1 Children Act 1989 Financial Provision for Children of Unmarried Parents Carer's Allowance Pension Provision in Child Claims Standard of Living Assessment Housing Provision for Child and Carer Periodical Payments +1 more

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Parties

CA

Applicant

DR

Respondent

Procedural Posture

Schedule 1 Children Act 1989 Financial Provision Application / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Appropriate level of financial provision for child E under Schedule 1 Children Act 1989
  2. 2 Whether the court has jurisdiction to order pension provision for the carer under Schedule 1
  3. 3 Quantum of housing fund, lump sum, and periodical payments

Ratio Decidendi

The court determined that the appropriate housing fund for E and her mother is £1.6 million plus purchase costs, a lump sum of £109,000 for furnishing, car, and medical expenses, and periodical payments of £150,000 per annum (excluding school fees and car lease), reflecting the standard of living but excluding any provision for pension contributions, as the court has no jurisdiction under Schedule 1 to order such provision.

Court Disposition

Application granted in part; financial provision ordered for child and carer, but pension claim refused.

Orders

  • Father to provide a housing fund of £1.6 million plus purchase costs (SDLT and conveyancing) for a property in Kent for the mother and E, with occupation until E completes first degree or reaches majority.
  • Father to pay a lump sum of £100,000 for furnishing and equipping the new home, £9,000 for private medical treatment, and to provide a leased car up to £110,000 (index-linked every four years).