Morgan v Hill [2006] EWCA Civ 1602 – Law Journals

Schedule 1: Welfare widely construed

Rebekah King and Emma Whitehead discuss the approach to liabilities and childcare costs in high-net-worth Sch 1 cases In the context of a Sch 1 application claw-back orders as to costs are unusual, but are eminently within the discretion of the judge in the circumstances of the case. In G v W [2022], the key …

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Cohabitants: Best-laid plans

Nicola Meldrum provides guidance on the drafting of cohabitation agreements and the enforceability of such agreements ‘It would be wise to take expert advice from a tax specialist, private client practitioner and a property specialist to ensure that the agreement sufficiently incorporates these areas where necessary.’Although marriages remain the most common type of family unit …

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Schedule 1: Attention to detail

Che Meakins suggests that when dealing with a limited-means Schedule 1 claim, particular care should be taken to quantify means and needs ‘While Schedule 1 claims are not the same as matrimonial proceedings and ought not to be treated as such, the reality is that matrimonial decisions and rationale do tend to be referred to …

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Schedule 1: Missed opportunities

James Brown suggests that Schedule 1 to the Children Act 1989 is underused and looks at the courts’ approach ‘Schedule 1 can be applied to small/medium-asset cases even if the result is that the absent parent will have to sell their property in order to house the applicant and the child.’ Family law practitioners are …

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Children Act 1989, Schedule 1: The cost of childcare

Rebecca Tarn sets out best practice for a successful Schedule 1 Children Act 1989 claim There appears to be some recognition that given that provision for a child only lasts during their dependency (at which time any property adjustment or settlement will revert to the respondent), the applicant should not be prohibited from making some …

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Cohabitation Agreements: Be prepared

James Carroll and Hannah Minty set out best practice when drafting cohabitation agreements ‘In the absence of fraud, mistake or duress, an express declaration of trust is conclusive evidence of beneficial ownership unless such interests are subsequently varied.’Family practitioners throughout the country breathed a collective sigh of relief on behalf of Patricia Jones when the …

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Schedule 1: Fair shares

Andrew Meehan considers the court’s approach to applications under Schedule 1 to the Children Act 1989 ‘The district judge in DE v AB should have stood back and undertaken an analysis as to the overall effect of the proposed award on each party.’The case of DE v AB [2010] illustrates the lengths to which the …

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Children Act 1989: House and home

In the first half of a two-part analysis, Andrew Moore discusses practical and tactical considerations when providing a home under Schedule 1 to the Children Act 1989 ‘Current case law is still firmly opposed to restricting parents with residence from internal relocation unless there is a legitimate reason to do so.’ Given the diverse nature …

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