Appendix
Mother’s open offers compared.1 Not her real name.2 See §3 of Re Z [2020] EWFC 803 This is slightly lower than his statutory declaration, which I referenced at §3 in Re Z [2020] EWFC 804 1 USD = 0.835423 GBP at the date of writing.5 It is recognised that if the property is purchased by the father, he will pay 2% higher SDLT as a non-UK resident.6 Thyssen-Bornemisza v Thyssen-Bornemisza (No 2) [1985] Fam 1, [1985] FLR 10697 His open offer (October) pre-dates his final statement (December); where there is a discrepancy, as here, I take the proposal from his final statement.8 “This sum will include the costs of purchase, increased stamp duty…”9 This offer was slightly more generous in its terms than the father’s formal ‘Open Offer’ of 12 October 2022.10 She told me, for instance, that a £2,500 monthly budget for clothes for herself and Zoe was not reasonable “but it is one that I am prepared to live with”. 11 Letter 6 May 2022: “I have asked you on a number of occasions for precise details of how much your client has been paying nannies and the answers your client has provided through you have been partial and opaque, and have required repeated questioning. This gave rise to suspicion on my client’s part that your client was once again not being frank about financial matters”.12 In Re A [2014] (citation above), (where the respondent father was a member of the wealthy ruling family of a middle eastern country), Bodey J’s award of £3.5m for housing (NB Bodey J’s award was made exactly ten years ago) was not challenged on appeal, even though Lewison LJ observed (at [44]) that it was “very generous”.13 See for example Baron J in DE v AB [2011] EWHC 3792 (Fam) at [35]/[40], and Charles J in FG v MBW (Financial remedy for child) [2011] EWHC 1729 (Fam) at [140].14 Said to be necessary to meet the shortfall between the sum paid by the father, under my order, and the outgoings.
- Approved Judgment
- Introduction
- https://www.bailii.org/ew/cases/EWFC/HCJ/2020/80.html
- https://www.bailii.org/ew/cases/EWFC/HCJ/2021/72.html
- Procedural issues: determination of the application in the absence of the father
- General legal principles
- constant influence on the discretionary outcome
- support and also protection against adult irresponsibility and selfishness
- may be checked but not diminished by the absence of any direct claim in law
- Background history
- Zoe’s health and development
- The mother’s case
- The father’s case
- Housing
- Moving fund
- HECSA
- Nursery/schooling
- Debts
- Medical / health insurance
- Therapies
- Flights to/from USA
- Costs
- Capitalisation of the award as a prelude to enforcement
- The order
- Appendix
