E -v- F (Family) [2014] JRC 184 (26 September 2014)

E -v- F (Family) [2014] JRC 184 (26 September 2014)

The Registrar correctly applied the relevant legal principles, made findings of fact supported by the evidence, and exercised her discretion appropriately in awarding a lump sum and other payments for the benefit of the child. The orders were justified by the father's resources, the inadequacy of the present home,...

Source-derived case information.

Citation
[2014] JRC 184
Parties
Appellant: the father; Respondent/cross Appellant: the mother
Jurisdiction
Jersey
Judgment Date
26 September 2014
Procedural Posture
Appeal (family Law, Financial Relief) / Judgment on Appeal and Cross Appeal
Outcome
Appeal and cross-appeal dismissed, with variation only to the timing of payments to account for passage of time since the Registrar's order.
Legal Topics
Financial Relief for Children, Schedule 1 Applications, Lump Sum Orders, Child Maintenance, Appeals Procedure, Assessment of Needs, Earning Capacity, Housing Provision for Child
Family Law Child Law Financial Relief for Children Schedule 1 Applications Lump Sum Orders Child Maintenance Appeals Procedure Assessment of Needs +2 more

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Summary, issues, holding and outcome

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Parties

the father

Appellant

the mother

Respondent/cross Appellant

Procedural Posture

Appeal (family Law, Financial Relief) / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the Registrar erred in awarding lump sum and other payments to the mother for the benefit of the child under Schedule 1 of the Children (Jersey) Law 2002
  2. 2 Whether the quantum of the lump sum and other awards was justified
  3. 3 Whether the Registrar failed to consider the father's financial position and affordability

Ratio Decidendi

The Registrar correctly applied the relevant legal principles, made findings of fact supported by the evidence, and exercised her discretion appropriately in awarding a lump sum and other payments for the benefit of the child. The orders were justified by the father's resources, the inadequacy of the present home, and the needs of the child and mother. No error of law or principle, nor any procedural irregularity, was established to warrant appellate intervention.

Court Disposition

Appeal and cross-appeal dismissed, with variation only to the timing of payments to account for passage of time since the Registrar's order.

Orders

  • Father to pay lump sum of £250,000 towards purchase of new property for mother and child, secured by judicial hypothec, repayable upon child reaching 18 or completing tertiary education or sale of property.
  • Father to pay £10,000 towards furnishing the new property.