U v V (Family) [2018] JRC 160 (04 September 2018)

U v V (Family) [2018] JRC 160 (04 September 2018)

Given the applicant's current capital resources, lack of income, and the respondent's lack of employment, the existing maintenance order remains in force until the planned relocation to England, with a full review scheduled for the following year. The respondent is expected to seek employment, and both parties must plan for the children's relocation and schooling. The application for immediate downward variation is adjourned, not granted or dismissed.

Citation
[2018] JRC 160
Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
Jersey
Judgment Date
04 September 2018
Procedural Posture
Application to Vary Child Maintenance / Interlocutory Judgment With Adjournment for Review
Outcome
Application for downward variation of maintenance adjourned; existing order continues until review.
Legal Topics
Child Maintenance, Variation of Maintenance Orders, Financial Provision for Children, Schedule 1 Children (jersey) Law 2002
Family Law Child Law Child Maintenance Variation of Maintenance Orders Financial Provision for Children Schedule 1 Children (jersey) Law 2002

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Application to Vary Child Maintenance / Interlocutory Judgment With Adjournment for Review

Legal Issues

  1. 1 Whether the applicant's maintenance obligations should be reduced due to a material change in circumstances
  2. 2 Whether the respondent should be required to seek employment to contribute to child maintenance
  3. 3 Appropriate quantum and structure of maintenance pending relocation to England

Ratio Decidendi

Given the applicant's current capital resources, lack of income, and the respondent's lack of employment, the existing maintenance order remains in force until the planned relocation to England, with a full review scheduled for the following year. The respondent is expected to seek employment, and both parties must plan for the children's relocation and schooling. The application for immediate downward variation is adjourned, not granted or dismissed.

Court Disposition

Application for downward variation of maintenance adjourned; existing order continues until review.

Orders

  • Applicant to continue paying maintenance and school fees per Consent Order until summer 2019.
  • Full review of maintenance and financial arrangements scheduled for June 2019.