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The variation or revocation of a settlement order under the Children Act 1989

Date:29 AUG 2018
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Family analysis: In Re C (A Child) (Schedule 1 Children Act Variation) [2018] Lexis Citation 63 [2018] All ER (D) 32 (Aug) the Family Court examined the power of a court to vary or revoke an order for the settlement of property that had already been made. Charlotte Sanders associate at Stewarts discusses the outcome of the case.

What are the practical implications of this case?

The issues raised by this appeal were:
  • Can a court vary or revoke an order for a settlement of property order that has already been made?; if so
  • Whether and how should the court exercise its discretion to do so?
The court held that it had a power pursuant to s 31(F)(6) of the Matrimonial and Family Proceedings Act 1984 which is given procedural effect by r 4.1(6) of the Family Procedure Rules 2010 (SI 2010/2955) to vary or revoke an order of the court. The court considered the authorities on the issue which confirm that the power ‘is not unbounded’ (CS v ACS (Consent Order: Non-Disclosure: Correct Procedure) [2015] EWHC 1005 (Fam) [2016] 1 FLR 131)) and...

Read the full article here.