E v F (Family) [2018] JRC 067A (06 April 2018)

E v F (Family) [2018] JRC 067A (06 April 2018)

The welfare and security of the children require provision of a secure, suitable family home and adequate financial support, reflecting the father's substantial resources and the standard of living he enjoys. The court found Property 1 inadequate and insecure, and that the mother and children should have accommodation and maintenance commensurate with the father's means. The father's financial control and lack of security for the mother and children justified orders for property provision and maintenance.

Citation
[2018] JRC 067A
Parties
Applicant (mother): E; Respondent (father): F
Jurisdiction
Jersey
Judgment Date
06 April 2018
Procedural Posture
Family Law – Schedule 1 Children (jersey) Law 2002 Application / Judgment After Contested Hearing
Outcome
Orders granted in favour of the mother for the benefit of the children.
Legal Topics
Financial Provision for Children, Unmarried Parents, Child Maintenance, Provision of Accommodation, Schedule 1 Children (jersey) Law 2002, Parental Responsibility, Trusts and Inheritance, Jurisdiction of Royal Court
Family Law Child Law Financial Provision for Children Unmarried Parents Child Maintenance Provision of Accommodation Schedule 1 Children (jersey) Law 2002 Parental Responsibility +2 more

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Parties

E

Applicant (mother)

F

Respondent (father)

Procedural Posture

Family Law – Schedule 1 Children (jersey) Law 2002 Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the father should be ordered to provide a secure family home for the children and mother
  2. 2 Quantum and structure of maintenance and lump sum payments for the benefit of the children
  3. 3 Appropriate provision for education, travel, and other expenses for the children

Ratio Decidendi

The welfare and security of the children require provision of a secure, suitable family home and adequate financial support, reflecting the father's substantial resources and the standard of living he enjoys. The court found Property 1 inadequate and insecure, and that the mother and children should have accommodation and maintenance commensurate with the father's means. The father's financial control and lack of security for the mother and children justified orders for property provision and maintenance.

Court Disposition

Orders granted in favour of the mother for the benefit of the children.

Orders

  • Father to provide a secure five-bedroom property for the mother and children, either by granting exclusive occupation of Property 2 or purchasing a comparable property.
  • Father to pay a lump sum of £10,000 for the mother to purchase a suitable car, with provision for replacement as needed.