MT v OT (No.2)

MT v OT (No.2)

The mother should be able to select and purchase a new property for herself and the children without being delayed by the sale of the current property, with the father required to provide the necessary housing funds after a 21-day notice period. The mother may instruct professionals for the children and inform the father, without requiring his joint instruction. The father is not entitled to micro-scrutiny of household expenses given the level of child provision ordered.

Parties
Applicant: MT; Respondent: OT
Jurisdiction
England and Wales
Judgment Date
24 May 2018
Procedural Posture
Family / Finalisation of Order After Substantive Judgment
Outcome
Order finalised with amendments to draft order
Legal Topics
Financial Provision, Child Support, Housing Provision, Professional Expenses, Disclosure of Expenses
Family Law Financial Provision Child Support Housing Provision Professional Expenses Disclosure of Expenses

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Parties

MT

Applicant

OT

Respondent

Procedural Posture

Family / Finalisation of Order After Substantive Judgment

Legal Issues

  1. 1 Mechanics and timing of re-housing provision for mother and children
  2. 2 Use and control of professional expenses for children
  3. 3 Disclosure of household expenses to non-resident parent

Ratio Decidendi

The mother should be able to select and purchase a new property for herself and the children without being delayed by the sale of the current property, with the father required to provide the necessary housing funds after a 21-day notice period. The mother may instruct professionals for the children and inform the father, without requiring his joint instruction. The father is not entitled to micro-scrutiny of household expenses given the level of child provision ordered.

Court Disposition

Order finalised with amendments to draft order

Orders

  • Mother may purchase new property for children after giving 21 days' notice to father and providing particulars; father to provide housing funds unless objection within 21 days.
  • Mother may instruct professionals for children and inform father in advance, providing copies of referrals and reports.