Mother Could Lose £44,000 Following Prosecution

A judge has granted a father permission to appeal a financial order implemented during divorce proceedings after his ex-wife was prosecuted for an ‘incident’ involving their daughter and a wooden spoon.

London’s High Court heard that the mother, who cannot be named, could lose £44,000 following the incident.

In November 2014, a deputy district judge made a financial order during the couple’s divorce settlement that awarded the mother 70 per cent of the profits from the sale of their family home, due to the fact the couple’s two children were due to live with her following the divorce.

However, Mr Justice Holman has now ruled that the father can now challenge the financial order after his ex-wife was prosecuted for a criminal offence over the 'wooden spoon incident'.

The judge added: “The upshot of all that was very tragic indeed and both children have reacted against the mother. They have in fact begun to live 100 per cent of the time with their father.”

He explained that the former couple could come close to losing the entire £44,000 at stake in legal costs if there were further court hearings.

Expert Opinion

It is very rare indeed that the law permits a party to re-visit a final financial order. However if, relatively soon after the order has been made there is a radical change of circumstances which could not reasonably have been foreseen, that alters the needs of the parties, then it is possible to appeal the order, as this father is doing. <br/> <br/>“Perhaps the bigger point, outside the judge's decision which is entirely follows established legal precedent, is the highlighting of the huge legal costs which can wipe out the amounts that the parties are arguing about. It is to be hoped that the father and mother can embrace the idea of mediation with an experienced mediator or mediators and try to reach a consensual solution.