DN v UD€ (Sch 1 Children Act: Capital Provision)

DN v UD€ (Sch 1 Children Act: Capital Provision)

The court concluded that the London Apartment should be settled on trust for the applicant and children until six months after completion of tertiary education, including contents, due to their emotional and physical need for security and the father's history of abusive and controlling behaviour. Exceptional circumstances justified capital provision for each child to protect against future financial coercion. Periodical payments set at £200,000 per annum, RPI linked, with 20% allocated per child and remainder as carer's allowance. Lump sums awarded for car replacement, N City property refurbishment, and reimbursement of costs. No jurisdiction to make orders for adult child DD. Security...

Parties
Applicant: DN; Respondent: UD
Jurisdiction
England and Wales
Judgment Date
29 January 2020
Procedural Posture
Schedule 1 Children Act Application / Final Hearing
Outcome
Application granted in substantial part
Legal Topics
Financial Provision for Children, Schedule 1 Children Act 1989, Carer's Allowance, Settlement of Property, Periodical Payments, Lump Sum Orders, Jurisdiction for Adult Children, Domestic Abuse Findings, Security for Maintenance, Capital Provision
Family Law Financial Provision for Children Schedule 1 Children Act 1989 Carer's Allowance Settlement of Property Periodical Payments Lump Sum Orders Jurisdiction for Adult Children +3 more

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Parties

DN

Applicant

UD

Respondent

Procedural Posture

Schedule 1 Children Act Application / Final Hearing

Legal Issues

  1. 1 Whether the applicant and children should remain in the family home and the legal framework for occupation
  2. 2 Whether the family home should be sold and a new property purchased for the applicant and children
  3. 3 Settlement of contents of the family home or return to respondent

Ratio Decidendi

The court concluded that the London Apartment should be settled on trust for the applicant and children until six months after completion of tertiary education, including contents, due to their emotional and physical need for security and the father's history of abusive and controlling behaviour. Exceptional circumstances justified capital provision for each child to protect against future financial coercion. Periodical payments set at £200,000 per annum, RPI linked, with 20% allocated per child and remainder as carer's allowance. Lump sums awarded for car replacement, N City property refurbishment, and reimbursement of costs. No jurisdiction to make orders for adult child DD. Security...

Court Disposition

Application granted in substantial part

Orders

  • London Apartment and contents settled on trust for applicant and children until six months after completion of tertiary education
  • Periodical payments of £200,000 per annum, RPI linked, allocated 20% per child, remainder as carer's allowance