G v A (No 2) (Schedule 1 settlement of property)

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

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Parties

G

Applicant

A

Respondent

Procedural Posture

Children Act 1989, Schedule 1 Proceedings / Interim Orders Following Enforcement Applications

  1. 1 Whether the father is in default of payment under court order
  2. 2 Validity and enforceability of the 11 February 2011 order
  3. 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