Cases: Child Maintenance
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THR v WAT [2025] EWHC 1125 (Fam)17 March 2025
HHJ Hess navigated his way through an Xydhias puzzle. Parties informed the judge they were Xydhias-bound but then argued over (i) a £2m asset, (ii) costs, (iii) an interest provision, and (iv) security. The court’s conclusions, in a nutshell, were that if it had not been raised at the time or in the written agreement, then the court would favour the written agreement.
- Cases
- Agreements
- Child Periodical Payments
- Child Maintenance
- Xydhias
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Re CB (Financial Remedies: Antisuit Injunction) [2025] EWHC 427 (Fam)25 February 2025
HHJ Moradifar. Application by the husband for an anti-suit injunction to prevent the wife from pursuing, participating or otherwise continuing any applications for periodical payments for the children of the family or any other applications relating to their marriage in the courts of India.
- Cases
- Injunctions
- Habitual Residence
- Forum Conveniens
- Jurisdiction
- Child Maintenance
- Periodical Payments
- Anti-Suit Injunctions
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CA v UK [2025] EWFC 117 (B)10 January 2025
HHJ Watkins. A substantive application by the father for a child maintenance order under Schedule 1 of the Children Act 1989 (‘Schedule 1’); [12]. Within the application, the main issue concerned the most suitable jurisdiction for child maintenance dispute resolution. There were two jurisdictions involved in the forum conveniens dispute namely England and Wales and California.
- Cases
- Forum Conveniens
- Jurisdiction
- Child Maintenance
- Variation
- Children Act 1989 Schedule 1 Applications
- Forum Disputes
- Enforcement
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AJ v FJ (Appeal Against Registration) [2024] EWFC 3566 December 2024
MacDonald J. This matter concerned a successful appeal against the decision of the Maintenance Enforcement Business Centre to register a Polish interim maintenance order obtained by the respondent from the District Court in Jelenia Gora on 15 December 2022.
- Cases
- Jurisdiction
- Child Maintenance
- Appeals
- 2007 Hague Convention
- Enforcement
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GH v H [2024] EWHC 2869 (Fam)12 November 2024
Mr Simon Colton KC sitting as a deputy High Court judge. On W’s application, an interim changing order was made final in respect of sums to be paid to a third party/child of the marriage, with interest granted on the unpaid periodical payments. Held: that the fixed costs regime applied to final charging orders made in family proceedings, with consideration as to when that regime could be disapplied.
- Cases
- Fixed Costs
- Child Maintenance
- Periodical Payments
- Interest
- Loans
- Charging Orders
- Costs
- Third Parties
- Debts
- Enforcement
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Goodman v Walker [2024] EWFC 212 (B)23 July 2024
HHJ Hess. High-profile Schedule 1 Final Hearing between Lauryn Goodman and Kyle Walker in which the judge made transparency orders in accordance with the guidance set out in the Transparency Reporting Pilot for Financial Remedy Proceedings.
- Cases
- Child Maintenance
- Anonymity and Transparency
- Children Act 1989 Schedule 1 Applications
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HW v WB (Financial Remedies; Treatment of Post-nuptial Agreement) [2024] EWFC 328 (B)5 July 2024
DJ Phillips. Final hearing where the issues concerned whether a post-nuptial agreement was binding on the parties and fair. The parties were married for 9 years and had one child, 10, and, W’s older child, 19, who was treated as a child of the family, having been 6 years when the parties met. Four days after the marriage, the parties signed a PNA.
- Cases
- Housing Need
- Spousal Maintenance (Quantum)
- Agreements
- Child Maintenance
- Needs
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UD v TQ [2024] EWFC 119 (B)26 April 2024
HHJ Hess. Final hearing in case involving footballer. Application of *Moher* in light of H’s misconduct and attachment of earnings order made to secure maintenance.
- Cases
- Child Maintenance
- Conduct
- Costs
- Disclosure from Third Parties
- Enforcement
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TK v LK [2024] EWFC 712 April 2024
Enormously helpful review of Sch 1 authorities re (i) the jurisdiction to make a Schedule 1 award after a clean break in divorce proceedings, (ii) the relevance of parental conduct in Schedule 1 proceedings, (iii) dependence and the reversion of capital and (iv) costs.
- Cases
- Child Maintenance
- Conduct
- Costs
- Children Act 1989 Schedule 1 Applications
- Case Management
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SP v QR [2024] EWFC 57 (B)12 March 2024
HHJ Hess. Schedule 1 application with a ‘more modest’ asset base regarding residence in a property subject to a mortgage and ‘top-up’ maintenance for a disabled child.
- Cases
- Housing Need
- Child Maintenance
- Needs of a Disabled Child
- Costs
- Children Act 1989 Schedule 1 Applications
- Child Support
- 'Top-up' Maintenance
- Needs
- Child's Needs
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