JK v. LM – Family Court – [2024] EWHC 1442 (Fam) – Case Summary

Relevant for:

Family law practitioners, child custody lawyers, financial remedy specialists

This case concerned an application for a legal services payment order and a freezing order in a family law dispute between JK (the mother) and LM (the father), involving financial provision for their child and the mother's legal costs.

TLDR:

• Mother applied for legal services payment order and freezing order.
• Father attended hearing via CVP due to medical reasons.
• Father's financial support to mother reduced significantly since July 2022.
• Mother seeks financial provision and legal costs; father claims financial hardship.
• Judge made a legal services payment order with a 15% deduction and granted a freezing order.

The parties, JK (the mother) and LM (the father), are Czech nationals with one child, N, aged six. The mother and child live in Hove, East Sussex, while the father resides in the Czech Republic. The father financially supported the mother and child until July 2022, after which his contributions significantly reduced. The mother sought various orders, including financial provision for the child and legal costs.

The father, who attended the hearing via CVP due to a recent car accident, argued that his financial support was reduced because the mother had overstayed in England without his consent. He also claimed that his financial situation was not as affluent as the mother suggested, despite having sold a majority interest in his company, FP, for a significant sum.

The mother applied for a legal services payment order to cover her legal costs in ongoing proceedings under the Children Act 1989 and for a freezing order to secure a portion of the father's assets in England and Wales. The judge considered the evidence, including the father's financial dealings and the creation of a trust fund, and determined that there was a risk of asset dissipation.

The judge granted the legal services payment order, with a 15% deduction for notional detailed assessment, and issued a freezing order to preserve the father's assets. The judge emphasized the need for both parties to have equal access to justice and suggested that mediation should be considered to resolve the disputes.

Legal representatives: Roxane Reiser (instructed by D M H Stallard) for the Applicant (mother); The father in person (by CVP)

Judicial Panel: The Honourable Mr Justice Cobb

Case Citation Reference: [2024] EWHC 1442 (Fam)