J G v. J F [2011] ScotSC 100 (24 May 2011)

Although the pursuer suffered economic disadvantage in the interests of the children by restricting her work hours, after offsetting the defender's contributions and considering the defender's limited resources and ongoing payments, it was not appropriate to make any order for payment under s.28(2)(a) or (b).

Citation: [2011] ScotSC 100
Parties: Pursuer: JG; Defender: JF
Jurisdiction: Scotland
Judgment Date: 24 May 2011
Procedural Posture: Civil Family Law (cohabitants) / Judgment After Proof
Outcome: Pursuer's claims refused; no order for payment under s.28(2)(a) or (b); expenses reserved.
Legal Topics: Cohabitation, Economic Disadvantage, Financial Provision on Separation, Childcare Costs, Discretionary Orders

Family Law Cohabitation Economic Disadvantage Financial Provision on Separation Childcare Costs Discretionary Orders

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Parties

Pursuer

Defender

Procedural Posture

Civil Family Law (cohabitants) / Judgment After Proof

Legal Issues

1 Whether the pursuer suffered economic disadvantage in the interests of the defender or relevant children under s.28 of the Family Law (Scotland) Act 2006
2 Whether the defender derived economic advantage from contributions by the pursuer
3 Whether an order for payment under s.28(2)(a) or (b) should be made

Ratio Decidendi

Court Disposition

Pursuer's claims refused; no order for payment under s.28(2)(a) or (b); expenses reserved.