Latest updates
- In the course of consolidated Children Act 1989 Schedule 1 enforcement proceedings and Children Act 1989 section 8 proceedings, the father appealed against an order for financial disclosure with a penal notice, and a costs allowance order in favour of the mother. He also sought to put in evidence of the mother's alleged non-disclosure and drug use. Williams J refused the father's applications to admit fresh evidence, to amend the grounds of appeal, and for disclosure of the means by which the mother's lawyers were funded through the Children Act proceedings. He had not demonstrated a realistic prospect of success in relation to any of them, nor was there any other compelling reason to grant permission to appeal. The mother sought an order for the father to pay her costs of and occasioned by the appeal and the associated applications. Williams J was satisfied that this was an appropriate case in which to make such an order. Judgment, 05/11/2020, free
- The unmarried couple had been in a relationship from 1995 until 2017. They had two children, aged 14 and 19, and had bought a four-bedroom home in Oxfordshire. Both parties were still residing in the property, although the mother was mostly restricted to a bedroom with an en suite bathroom. She had applied for a declaration under section 14 of ToLATA for declaration of the parties’ respective beneficial entitlement, and an order for sale. The father had made an application under Schedule 1 of the Children’s Act 1989 for the applicant’s share of the property to be held on trust for the benefit of the parties’ son until such time as he finished education. One working day before the final hearing, the father conceded that the declaration of beneficial interest should be of 50% shares in the property, leaving the issue of whether the property should be sold, and if so, when. The mother argued for a sale as soon as possible, while the father wished it to be deferred for seven or eight years. HHJ Vincent's impression was that the father did not have a good grasp of the financial implications of the situation and did not like the thought of change, and so had not let himself think about the practical consequences of having to leave the home. HHJ Vincent was also concerned that the younger child's welfare needs were not being met by the current situation. The property would be put on the open market and sold for the best price that could be obtained, although the parties could also consider whether one party might be able to buy out the other’s share. As to costs, the usual order in family cases would be no order as to costs, but this was an application made under Schedule 1 of the Children’s Act 1989, and so the unsuccessful party would pay the costs of the successful party. Judgment, 22/06/2020, free
- In the midst of the Coronavirus outbreak (‘Covid-19’), there has been little guidance as to what social workers should do when they are refused entry into the home of a child in care (or ‘looked after child’), due to the parent’s arguments that they are self-isolating or claiming that they have contracted the virus. There is a real risk that families may be using Covid-19 as an excuse to avoid contact with the Local Authority and therefore, places any children involved at risk of further abuse. News, 03/04/2020, free
- In the midst of the Coronavirus outbreak (‘Covid-19’), there has been little guidance as to whether Local Authorities have the ability to suspend contact between a child in their care and parties who have a right to contact with that child, either by parental responsibility or by a Court order. News, 03/04/2020, free
- Husband's appeal against the refusal of a stay of the wife's applications under ToLATA in respect of the parties' former matrimonial home, and under Schedule 1 of the Children Act 1989 for a school fees order and child maintenance, was dismissed. Judgment, 13/11/2018, free
Latest know-how
- The Court of Appeal was concerned with an appeal from a decision of Nicholas Cusworth QC (sitting as a Deputy High Court Judge). By that decision Mr Cusworth QC had determined that the proceedings concerning the parties’ children were subject to the 1996 Hague Child Protection Convention (‘the 1996 Hague Convention’) for the purposes of the lis pendens provisions in article 13. Case note, 10/09/2021, free
- Mostyn J dismissed a father’s application under the 1980 Hague Convention in which he claimed that an agreed change of habitual residence had been vitiated by the mother’s alleged fraud. Case note, 29/04/2021, free
- Roberts J considered a Schedule 1 claim in circumstances where the father was worth c. £190 million and had a gross income of £3.8 million per annum. Case note, 26/03/2021, free
- In a tweet: Payment of an enforcement fund was ordered where the court anticipated F would not comply with Schedule 1 orders Case note, 06/08/2018, members only
- In a tweet: “Capitalised” child maintenance ordered in Schedule 1 proceedings Case note, 06/08/2018, members only
Latest training
- Alexis Campbell QC and Charlotte Trace, of 29 Bedford Row, review the key financial remedy cases and themes from the past 12 months and look at how they will affect judicial thinking and your own cases in the year to come. Webcast, 16/03/2018, members only
- In this webcast, which was first presented on 18 June 2015, Richard Tambling from 29 Bedford Row talks about Schedule 1 cases and the most recent developments in this area of law Webcast, 31/07/2015, members only
- Webcast recorded on 22 January at 1pm. Lysney Cade-Davies and Petra Teacher of 29 Bedford Row review some of the leading cases of 2014 and highlight the lessons for the year ahead. Webcast, 22/01/2015, members only
- Webcast, 26/07/2012, members only