CF v KM

CF v KM

The court has jurisdiction to make a lump sum order for the benefit of a child under Schedule 1 Children Act 1989 to fund legal costs of Schedule 1 and s.8 proceedings, even where a child maintenance calculation is in place under the Child Support Act 1991 and is below the maximum assessment. Such an order can be made before final disposal of the claim, provided it is for the benefit of the child and subject to judicial discretion.

Parties
Applicant: CF; Respondent: KM
Jurisdiction
England and Wales
Judgment Date
13 July 2010
Procedural Posture
Family Appeal / Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Financial Provision for Children, Lump Sum Orders, Schedule 1 Children Act 1989, Child Support Act 1991, Jurisdiction for Costs Orders, Interim and Final Orders, Legal Costs in Child Proceedings
Family Law Child Law Financial Provision for Children Lump Sum Orders Schedule 1 Children Act 1989 Child Support Act 1991 Jurisdiction for Costs Orders Interim and Final Orders +1 more

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Parties

CF

Applicant

KM

Respondent

Procedural Posture

Family Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to make a lump sum order for legal costs for the benefit of a child under Schedule 1 Children Act 1989 when a child maintenance calculation is in place under the Child Support Act 1991 and is below the maximum assessment.
  2. 2 Whether such an order can be made in respect of costs of Schedule 1 proceedings and/or s.8 Children Act 1989 proceedings before final disposal of the claim.

Ratio Decidendi

The court has jurisdiction to make a lump sum order for the benefit of a child under Schedule 1 Children Act 1989 to fund legal costs of Schedule 1 and s.8 proceedings, even where a child maintenance calculation is in place under the Child Support Act 1991 and is below the maximum assessment. Such an order can be made before final disposal of the claim, provided it is for the benefit of the child and subject to judicial discretion.

Court Disposition

Appeal allowed in part

Orders

  • A lump sum order of £20,000 is made for the mother's future legal costs in the Schedule 1 and s.8 proceedings, to be paid to her solicitors for those purposes only.