P (A Child), Re

P (A Child), Re

There is no jurisdiction to make a maintenance order under Schedule 1 of the Children Act in favour of a non-resident parent where the resident parent is the father and the mother is the applicant. The claim is dismissed as it is a disguised claim for the benefit of the mother, not the child, and the mother has no contractual right to remain at Property B.

Parties
Applicant: N; Respondent: C
Jurisdiction
England and Wales
Judgment Date
14 January 2013
Procedural Posture
Application Under Schedule 1 of the Children Act / Final Judgment
Outcome
Claim dismissed
Legal Topics
Child Maintenance, Financial Provision for Children, Residence and Contact Orders, Schedule 1 Children Act Applications
Family Law Child Law Child Maintenance Financial Provision for Children Residence and Contact Orders Schedule 1 Children Act Applications

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Parties

N

Applicant

C

Respondent

Procedural Posture

Application Under Schedule 1 of the Children Act / Final Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to make a maintenance order in favour of a non-resident parent under Schedule 1 of the Children Act
  2. 2 Whether the father is obliged to provide housing and maintenance for the mother for the benefit of the child
  3. 3 Whether the mother has a contractual right to remain at Property B

Ratio Decidendi

There is no jurisdiction to make a maintenance order under Schedule 1 of the Children Act in favour of a non-resident parent where the resident parent is the father and the mother is the applicant. The claim is dismissed as it is a disguised claim for the benefit of the mother, not the child, and the mother has no contractual right to remain at Property B.

Court Disposition

Claim dismissed