C (A Child) (Financial Provision: Non-disclosure), Re

C (A Child) (Financial Provision: Non-disclosure), Re

Given the father's extensive non-disclosure, dishonesty, and evidence of substantial undisclosed assets, the court infers he can meet the mother's reasonable claims for C. The court awards a housing fund of £1,000,000, a commuted lump sum of £933,000 for maintenance and education, and £389,000 for debts and associated costs, with detailed arrangements for the use and reversion of the property and ring-fencing of funds. The commutation of maintenance is justified due to the father's history of non-compliance, litigation conduct, and enforcement difficulties.

Parties
Applicant: LO; Respondent: RO
Jurisdiction
England and Wales
Judgment Date
29 May 2024
Procedural Posture
Schedule 1 Children Act 1989 Application / Final Judgment
Outcome
Application allowed in part; financial provision orders made for the benefit of C.
Legal Topics
Financial Provision for Children, Non Disclosure of Assets, Schedule 1 Children Act 1989, Commutation of Child Maintenance, Adverse Inferences for Non Disclosure
Family Law Child Law Financial Provision for Children Non Disclosure of Assets Schedule 1 Children Act 1989 Commutation of Child Maintenance Adverse Inferences for Non Disclosure

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Parties

LO

Applicant

RO

Respondent

Procedural Posture

Schedule 1 Children Act 1989 Application / Final Judgment

Legal Issues

  1. 1 What financial provision should be made for the benefit of C under Schedule 1 of the Children Act 1989?
  2. 2 What inferences should be drawn from the father's non-disclosure and dishonesty regarding his assets?
  3. 3 Is it appropriate to commute future child maintenance and school fees into a lump sum in this case?

Ratio Decidendi

Given the father's extensive non-disclosure, dishonesty, and evidence of substantial undisclosed assets, the court infers he can meet the mother's reasonable claims for C. The court awards a housing fund of £1,000,000, a commuted lump sum of £933,000 for maintenance and education, and £389,000 for debts and associated costs, with detailed arrangements for the use and reversion of the property and ring-fencing of funds. The commutation of maintenance is justified due to the father's history of non-compliance, litigation conduct, and enforcement difficulties.

Court Disposition

Application allowed in part; financial provision orders made for the benefit of C.

Orders

  • Father to pay £1,000,000 for housing (property to revert to father after C's tertiary education or at 18, with trust/lease structure).
  • Father to pay £933,000 as a commuted lump sum for maintenance and education, to be ring-fenced and drawn down as specified.