G v A

G v A

The father is obliged to pay £20,000 for the child's benefit, with interest from 29 July 2005, and to settle £220,000 on trust for purchase of property to house the child and mother until the child reaches 18 or completes tertiary education, whichever is later. Trustees must be independent, neither parent may be trustee, and payment of £220,000 is contingent on execution of the deed. The mother is entitled to a charging order for £20,000 but not for £220,000, and an injunction is granted for security. The settlement duration is limited to majority or completion of education, absent special circumstances.

Parties
Applicant: G; Respondent: A
Jurisdiction
England and Wales
Judgment Date
20 January 2009
Procedural Posture
Family / Final Judgment
Outcome
Order amended; applications partially granted and partially dismissed.
Legal Topics
Financial Provision for Children, Trusts for Child Benefit, Schedule 1 Children Act 1989, Charging Orders, Trustee Appointment, Interest on Judgment Debts
Family Law Financial Provision for Children Trusts for Child Benefit Schedule 1 Children Act 1989 Charging Orders Trustee Appointment Interest on Judgment Debts

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Parties

G

Applicant

A

Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether the father is obliged to pay £20,000 and £220,000 under the District Judge's order
  2. 2 Appropriate timing and conditions for payment of sums
  3. 3 Trustee appointment and settlement terms

Ratio Decidendi

The father is obliged to pay £20,000 for the child's benefit, with interest from 29 July 2005, and to settle £220,000 on trust for purchase of property to house the child and mother until the child reaches 18 or completes tertiary education, whichever is later. Trustees must be independent, neither parent may be trustee, and payment of £220,000 is contingent on execution of the deed. The mother is entitled to a charging order for £20,000 but not for £220,000, and an injunction is granted for security. The settlement duration is limited to majority or completion of education, absent special circumstances.

Court Disposition

Order amended; applications partially granted and partially dismissed.

Orders

  • Father to pay £20,000 for child's benefit, with accounting and receipts, and interest from 29 July 2005.
  • Father to settle £220,000 on independent trustees for purchase of property, with terms as specified.