J & K v L [2021] EWFC B10430 December 2021
Published: 25/04/2022
https://www.bailii.org/ew/cases/Misc/2021/B104.html
HHJ Hess.
M’s application for financial provision for children now aged 20 and 18 under Schedule 1.
Discussion of the ‘extension conditions’, i.e. when there is an obligation to provide financial support to children once they attain majority, and whether such an application should be made by the adult child or by the parent on behalf of the adult child.
Consideration of jurisdictional issues where a periodical payments order is already in existence and an application to vary, made during the child’s minority, falls to be determined after they have attained the age of 18. HHJ Hess concluding that variation does not constitute ‘further order’ within the meaning of paragraph 1(5)(a) and a variation application can be made at any time, including after the child turns 18 up to the point where no extension condition applies. And, further, that it would be wrong in principle to exclude the M’s right to seek an order which she had at the time of the application because of the passage of time, particularly as the delay was no fault of M’s.
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