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Re S (a child)

When determining an application for financial relief for a child under s 15 of the Children Act 1989, the judge had wrongly regarded Re P (a child) [2003] EWCA Civ 837; [2003] 2 FLR 865 as providing a benchmark and had failed to focus on the child’s needs as distinct to those of the mother.

24 March 2006

M appealed against the quantum of an investment fund that F was ordered to pay for the benefit of their daughter (T). M had applied under s 15 of the Children Act 1989 for full financial relief for T. It was common ground between the parties that in order to satisfy T’s future needs, F would create a settlement of substantial capital to enable trustees to purchase a property for the remainder of T’s minority, with the fund reverting to F at the end of T’s minority. M had provided details of properties within the area in which she and T lived, priced between £1.6m and £2m, but F claimed that there was no reason why the parties could not relocate to an area where the cost of property was cheaper. The judge awarded £800,000. M contended that the judge: (1) had fallen into error in his interpretation of the decision in Re P (a child) [2003] EWCA Civ 837; [2003] 2 FLR 865; and (2) had effectively focused on F’s needs, as opposed to the needs of T.

HELD: Appeal a...

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