CHILD MAINTENANCE: Philips v Peace [2004] EWHC 3180 (Fam)

10 MAY 2005

(Family Division; Singer J; 27 January 2005) [2005] 2 FLR 1212

The court held it would be a misuse of the court's power to allow a claim for a lump sum to get around the statutory provision that a second property adjustment order could not be made under the Children Act 1989, Sch 1 para 1 sub-para 5(b). Here, the mother had previously been granted a property adjustment order. The court held her application could only proceed as long as it was not used to circumvent the prohibition on a second property adjustment order. The application was allowed to proceed in respect of a lump sum only.

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