Z (No.5) (Enforcement) [2024] EWFC 44 (04 March 2024)

Z (No.5) (Enforcement) [2024] EWFC 44 (04 March 2024)

Given the father's deliberate, ongoing non-compliance with the March 2023 financial order, his residence abroad, and the ineffectiveness of traditional enforcement, it is just and necessary to continue the freezing order, capitalise the periodical payments for Zoe's support, and grant a Hadkinson order barring the father from being heard until compliance. The mother's costs are awarded on an indemnity basis due to the father's unreasonable litigation conduct.

Citation
[2024] EWFC 44
Parties
Applicant: X; First Respondent: Y; Second Respondent: The Z Trust
Jurisdiction
England and Wales
Judgment Date
04 March 2024
Procedural Posture
Schedule 1 Children Act 1989 Proceedings (financial Provision for Child) / Enforcement and Ancillary Applications Post Final Order
Outcome
Applications granted.
Legal Topics
Enforcement of Financial Orders, Freezing Injunctions, Capitalisation of Periodical Payments, Hadkinson Orders, Child Maintenance, Costs (indemnity Basis)
Family Law Child Law Trusts and Estates Enforcement of Financial Orders Freezing Injunctions Capitalisation of Periodical Payments Hadkinson Orders Child Maintenance +1 more

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Parties

X

Applicant

Y

First Respondent

The Z Trust

Second Respondent

Procedural Posture

Schedule 1 Children Act 1989 Proceedings (financial Provision for Child) / Enforcement and Ancillary Applications Post Final Order

Legal Issues

  1. 1 Whether to continue a worldwide freezing order against the respondent's assets
  2. 2 Whether to capitalise ongoing periodical payments for child support, nanny, and education
  3. 3 Whether to grant a Hadkinson order preventing the respondent from being heard until compliance

Ratio Decidendi

Given the father's deliberate, ongoing non-compliance with the March 2023 financial order, his residence abroad, and the ineffectiveness of traditional enforcement, it is just and necessary to continue the freezing order, capitalise the periodical payments for Zoe's support, and grant a Hadkinson order barring the father from being heard until compliance. The mother's costs are awarded on an indemnity basis due to the father's unreasonable litigation conduct.

Court Disposition

Applications granted.

Orders

  • Continuation of worldwide freezing order in the sum of £8,662,940.46 against the father's assets.
  • Capitalisation of periodical payments for Zoe's support, nanny, and education, with funds to be managed by a professional fund manager for Zoe's benefit.