G v A (No 2) (Schedule 1 settlement of property)
The father was in default of payment due on 21 March 2011 under the court's order, with no valid reason for non-compliance. The court has power to make freezing orders, require asset disclosure, and seize passports to enforce its judgment. Interim orders are necessary to secure the child's housing and enforce compliance.
- Parties
- Applicant: G; Respondent: A
- Jurisdiction
- England and Wales
- Judgment Date
- 23 March 2011
- Procedural Posture
- Children Act 1989, Schedule 1 Proceedings / Interim Orders Following Enforcement Applications
- Outcome
- Interim orders granted; father's applications refused
- Legal Topics
- Children Act 1989 Schedule 1, Trust Constitution and Enforcement, Freezing Injunctions, Passport Seizure, Disclosure of Assets
Case Brief
Summary, issues, holding and outcome
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Parties
G
Applicant
A
Respondent
Procedural Posture
Children Act 1989, Schedule 1 Proceedings / Interim Orders Following Enforcement Applications
Legal Issues
- 1 Whether the father is in default of payment under court order
- 2 Validity and enforceability of the 11 February 2011 order
- 3 Court's power to make freezing orders and seize passports
Ratio Decidendi
The father was in default of payment due on 21 March 2011 under the court's order, with no valid reason for non-compliance. The court has power to make freezing orders, require asset disclosure, and seize passports to enforce its judgment. Interim orders are necessary to secure the child's housing and enforce compliance.
Court Disposition
Interim orders granted; father's applications refused
Orders
- Temporary release of father's passport with condition to return upon return from China
- Limited freezing order
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