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Family law update

13 April 2007 / Rebecca Dziobon
Issue: 7268 / Categories: Features , Civil way , Procedure & practice
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Principles to be applied in Children Act 1989, Sch 1, Father's standard of living , Financial support from third party

Re C (a child: financial provision) (as yet unreported) is notable because the capital award is twice that previously ordered in the leading case of Re P (a child: financial provision) [2003] EWCA Civ 837, [2003] All ER (D) 312 (Jun). The case re-emphasises the point that the father’s standard of living has become a factor of equal (if not higher) importance to the factors listed in the Children Act 1989 (ChA 1989), Sch 1. As in earlier cases, the court reiterated the need for each case to be examined on its own facts and that no ceiling or benchmarks have been set by case law.

Cross applications

The mother (AM) and father (RF) issued cross applications to vary a financial provision order made in 2002 under ChA 1989, Sch 1.

AM sought an increase in the periodical payments together with a lump sum for other costs incurred. RF sought a reduction

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