B v C (Family) [2022] JRC 182 (01 September 2022)

B v C (Family) [2022] JRC 182 (01 September 2022)

There was no expectation between the parents that the child would attend privately funded education. The respondent can afford increased periodical payments but not sustainable private school fees. Lump sum awarded for past nursery and childcare expenses only. No costs order for applicant; partial wasted costs awarded to respondent for applicant's litigation conduct.

Citation
[2022] JRC 182
Parties
Applicant: B; Respondent: C
Jurisdiction
Jersey
Judgment Date
01 September 2022
Procedural Posture
Application for Financial Provision Under Schedule 1 of the Children (jersey) Law 2002 / Final Hearing
Outcome
Application partially granted
Legal Topics
Child Maintenance, Financial Provision, Private Education, Lump Sum Payments, Costs Orders
Family Law Child Maintenance Financial Provision Private Education Lump Sum Payments Costs Orders

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Parties

B

Applicant

C

Respondent

Procedural Posture

Application for Financial Provision Under Schedule 1 of the Children (jersey) Law 2002 / Final Hearing

Legal Issues

  1. 1 Appropriate level of child periodical payments
  2. 2 Whether respondent should contribute to private school fees
  3. 3 Entitlement to lump sum payments for past and future expenses

Ratio Decidendi

There was no expectation between the parents that the child would attend privately funded education. The respondent can afford increased periodical payments but not sustainable private school fees. Lump sum awarded for past nursery and childcare expenses only. No costs order for applicant; partial wasted costs awarded to respondent for applicant's litigation conduct.

Court Disposition

Application partially granted

Orders

  • Respondent to pay applicant a lump sum of £6,695.75 by 31 October 2022 for half of nursery fees and childcare costs incurred since application.
  • Respondent to pay child periodical payments of £650 per month from July 2022, subject to annual increases per Jersey Retail Prices Index.