Re Z (No 4) (Schedule 1 award)
[2023] EWFC 25
Z (No.5) (Enforcement), Re
4 March 2024
[2024] EWFC 44
Family Court
A dad in the US refused to pay child support for his daughter, who has special needs. A UK judge made him pay all the money at once instead of installments, froze his assets, and said he can't challenge the decision until he pays. The mom got her legal costs paid by the dad too.
Key Facts
- •Schedule 1 Children Act 1989 proceedings concerning a 3-year-old child, Zoe, with Williams Syndrome.
- •Father resides in the USA, mother in London.
- •Father failed to comply with a March 2023 financial order.
- •Applications before the court included continuation of a freezing order, capitalisation of child support payments, and a Hadkinson order.
- •Father did not attend the hearing and was not represented.
Legal Principles
Enforcement of Schedule 1 Children Act 1989 orders.
Schedule 1, Children Act 1989
Freezing orders.
Ninemia Maritime Corp v Trave Schiffahrts GmbH & Co KG (The Niedersachsen) [1983] 1 WLR 1412, Crowther v Crowther [2020] EWCA Civ 762
Capitalisation of periodical payments for child support.
AZ v FM [2021] EWFC 2, Mostyn J in AZ v FM [2021] EWFC 2 at [58], Ogden Tables, Duxbury formula, HC v FW [2017] EWHC 3196 (Fam), Simon v Helmot [2012] UKPC 5, Tattersall v Tattersall [2018] EWCA Civ 1978
Hadkinson orders.
Hadkinson v Hadkinson [1952] P 285, Assoun v Assoun [2017] EWCA Civ 21, De Gafforj v De Gafforj [2018] EWCA Civ 2070, Young v Young [2013] EWHC 3637 (Fam)
Indemnity costs.
CPR rule 44.3(3), Excelsior Commercial and Industrial Holdings Ltd v Salisbury Ham Johnson [2002] CPRep 67, Three Rivers District Council & others v The Governor and Company of the Bank of England [2006] EWHC 816 (Comm), M v M & Others [2013] EWHC 3372 (Fam)
Family Procedure Rules 2010, Rule 27.4(2) and (3)
Family Procedure Rules 2010
Outcomes
Freezing order continued.
Father's clear intention to not comply with the award, and risk of asset disposal.
Child support payments capitalised.
Father's non-compliance, difficulty of enforcement in the USA, and Zoe's significant health needs.
Hadkinson order made.
Father's deliberate and continuing contempt of court, impeding justice, and lack of other effective remedies.
Mother awarded indemnity costs.
Father's unreasonable litigation misconduct.