(Family Division, Hayden J, 24 February 2017)
Financial remedies – Sch 1, Children Act 1989 – Proposed restriction on mother’s ability to relocate overseas – Consent order
The court resolved a number of issues in Sch 1, Children Act 1989 proceedings.
The Swedish mother and American father of the 2-year-old child were in a relationship for 2 years and separated the year after the child was born. The father now lived in Switzerland while the mother and child remained in England.
The mother brought proceedings under Sch 1 of the Children Act 1989 and the parties were able to agree on most issues. The father would provide a housing fund of £2.1m and maintenance of £160,000 pa. However, the court was asked to determine a number of unresolved points including one term of the proposed order which prevented the mother from purchasing a property outside of the jurisdiction until she had concluded primary education.The court held, inter alia, that the prohibition sought by the father was wrong in principle and contrary to the guidance set out in Re P (Child: Financial Provision)  2 FLR 865. Even if the parties had agreed the court should not impose such a restriction.