MP v FB (application under schedule 1 Children Act 1989)
[2024] EWFC 63 (B)
Re Z (No 4) (Schedule 1 award)
7 March 2023
[2023] EWFC 25
Family Court
A judge decided a rich dad must pay a lot of money to support his young daughter who has special needs. The money covers a house, a nanny, school, and other things the daughter needs. The dad didn't show up to court, but the judge still made him pay because it's important the daughter is taken care of.
Key Facts
- •Application concerns financial provision for Zoe (pseudonym), a 2-year-old with Williams Syndrome, under Schedule 1 of the Children Act 1989.
- •Applicant is the mother residing in London; respondent is the wealthy father residing in the USA.
- •Parents were never married, and their relationship ended before Zoe's birth.
- •Father disengaged from proceedings, refusing to attend the final hearing.
- •Zoe has complex medical needs requiring various therapies and 1:1 support.
- •Mother claims significant financial support from father, citing his substantial wealth and Zoe's needs.
- •Father disputes the mother's claims, alleging exaggeration and focusing on the short duration of their relationship.
Legal Principles
In Schedule 1 cases, the child's welfare is a constant influence on the discretionary outcome.
Re P [2003] EWCA Civ 837
The court should consider the child's lifestyle in relation to the father's standard of living, even if not explicitly stated in the statute.
Hussein v Maktoum [2021] EWFC 94; Collardeau-Fuchs v Fuchs [2022] EWFC 135
The court can award expenses beyond direct child expenses, supporting the mother's household to reasonably sustain her role as carer.
Collardeau-Fuchs v Fuchs [2022] EWFC 135
In assessing the mother's budget, the court should use a broad brush, not getting bogged down in details.
Re P [2003] EWCA Civ 837
The court should ensure the mother is not burdened by unnecessary financial anxiety.
Collardeau-Fuchs v Fuchs [2022] EWFC 135
Outcomes
Father to provide £3.65m for a property settled on Zoe until age 18 or completion of tertiary education.
Provides security and appropriate housing for Zoe, considering her needs and father's wealth.
Father to pay periodical payments (£148,250pa) as a HECSA, covering Zoe's direct expenses and mother's household expenses.
Supports Zoe's welfare by supporting the mother's role as primary carer, considering her lack of earning capacity and father's resources.
Father to pay for nanny costs (£92,402.91pa) until Zoe's ninth birthday.
Recognizes the significant need for a nanny given Zoe's complex medical needs and mother's lack of support from the father.
Father to pay for Zoe's private school fees and 1:1 support.
Ensures Zoe receives appropriate educational support given her special needs.
Father to pay £87,450.26 to settle some of the mother's debts.
Addresses legitimate debts incurred, while rejecting those deemed unreasonably excessive.
Father to provide health insurance for mother and Zoe.
Ensures access to private healthcare when necessary.
Father to provide security for periodical payments via a charge/lien on his home in the USA.
Protects against non-payment and ensures ongoing support for Zoe.