C (A Child) Schedule 1 Children Act Variation [2018] EWFC B40 (01 August 2018)

C (A Child) Schedule 1 Children Act Variation [2018] EWFC B40 (01 August 2018)

There has been a significant change in circumstances as the child now lives with his father in Canada and spends limited time with his mother in England. The original order for a £700,000 property and periodical payments is no longer justified. The periodical payments order is discharged from the date the child moved to live with his father. However, provision for a home in England for the child when with his mother remains appropriate, but the sum is reduced to £200,000 to reflect the limited time spent in England.

Citation
[2018] EWFC B40
Parties
Applicant: C's Mother; Respondent: C's Father
Jurisdiction
England and Wales
Judgment Date
01 August 2018
Procedural Posture
Schedule 1 Children Act 1989 Financial Provision Proceedings / Application to Vary and Enforce Financial Orders Following Change in Child's Residence
Outcome
Order for periodical payments discharged; settlement of property order varied to £200,000; enforcement application adjourned generally with liberty to restore.
Legal Topics
Variation of Financial Orders, Schedule 1 Children Act 1989, Jurisdiction Under Maintenance Regulation, Child Maintenance, Settlement of Property, Enforcement of Orders
Family Law Child Law Variation of Financial Orders Schedule 1 Children Act 1989 Jurisdiction Under Maintenance Regulation Child Maintenance Settlement of Property Enforcement of Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

C's Mother

Applicant

C's Father

Respondent

Procedural Posture

Schedule 1 Children Act 1989 Financial Provision Proceedings / Application to Vary and Enforce Financial Orders Following Change in Child's Residence

Legal Issues

  1. 1 Whether the existing financial orders under Schedule 1 Children Act 1989 should be varied or discharged following a material change in the child's residence
  2. 2 Whether the applicant mother is entitled to continued periodical payments and/or provision of a home for the child in England

Ratio Decidendi

There has been a significant change in circumstances as the child now lives with his father in Canada and spends limited time with his mother in England. The original order for a £700,000 property and periodical payments is no longer justified. The periodical payments order is discharged from the date the child moved to live with his father. However, provision for a home in England for the child when with his mother remains appropriate, but the sum is reduced to £200,000 to reflect the limited time spent in England.

Court Disposition

Order for periodical payments discharged; settlement of property order varied to £200,000; enforcement application adjourned generally with liberty to restore.

Orders

  • Order for periodical payments discharged from April 2018.
  • Settlement of property order varied: property to be purchased up to £200,000 net of SDLT for occupation by mother and child, reverting to father at end of minority or education.