W v X (Family) [2020] JRC 071A (28 April 2020)

W v X (Family) [2020] JRC 071A (28 April 2020)

Statutory prohibition prevents appeal against interim maintenance orders under Schedule 1; costs order is part of the interim maintenance and not appealable; stay pending appeal is unnecessary and cannot be granted; variation of interim maintenance not appropriate due to incomplete disclosure and Registrar's ongoing conduct; enforcement application denied due to lack of mandatory affidavit.

Citation
[2020] JRC 071A
Parties
Appellant: W; Respondent: X
Jurisdiction
Jersey
Judgment Date
28 April 2020
Procedural Posture
Family Appeal / Appeal Against Registrar's Interim Maintenance and Costs Order
Outcome
appeal dismissed, no orders made
Legal Topics
Interim Maintenance, Variation of Maintenance, Costs, Enforcement of Maintenance, Disclosure Obligations
Family Law Interim Maintenance Variation of Maintenance Costs Enforcement of Maintenance Disclosure Obligations

Case Brief

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Parties

W

Appellant

X

Respondent

Procedural Posture

Family Appeal / Appeal Against Registrar's Interim Maintenance and Costs Order

Legal Issues

  1. 1 Whether appeal lies against Registrar's interim maintenance order under Schedule 1 Children (Jersey) Law 2002
  2. 2 Whether costs order can be appealed
  3. 3 Whether stay pending appeal should be granted

Ratio Decidendi

Statutory prohibition prevents appeal against interim maintenance orders under Schedule 1; costs order is part of the interim maintenance and not appealable; stay pending appeal is unnecessary and cannot be granted; variation of interim maintenance not appropriate due to incomplete disclosure and Registrar's ongoing conduct; enforcement application denied due to lack of mandatory affidavit.

Court Disposition

appeal dismissed, no orders made