News

On 23rd July 2024, HHJ Hess handed down judgment in Goodman v Walker [2024] EWFC 212 (B), a case that has attracted significant media attention due to the involvement of footballer Kyle Walker, captain of Manchester City and a prominent figure in England’s Euro ’24 campaign. Behind the tabloid headlines, this case stands out for its unique factors: the substantial monetary claims, the background of the children’s conception, and the unusually open reporting of the judgment. This article delves into these aspects and examines the application of Schedule 1 of the Children Act 1989 in this case.

Background

The parties have two children together, a son born in 2020 and a daughter in 2023. Walker was married to someone else at the time of both conceptions, and he and Goodman never cohabited. The application was made under Schedule 1 of the Children Act 1989, allowing for financial relief for the benefit of the children when the parents are not married. The case primarily concerned the youngest child, with Goodman seeking alterations to the terms previously set for their eldest child.

In the previous proceedings, Walker was ordered to purchase a property in Sussex worth up to £1,850,000, provide monthly child payments of £8,000, a lump sum towards Goodman’s debts, and additional funds for various needs. Following the birth of their second child, Goodman sought to revise these terms to reflect the needs of both children.

Issues in Dispute

• Housing Budget Increase: Goodman wanted the housing budget increased and the permissible location radius expanded. Walker opposed these changes.
• Cohabitation Clause: Goodman sought to remove a clause stopping support if she remarried or cohabited. Walker wanted it retained.
• Management Fund Control: Goodman wanted control over a portion of the house management fund.
• Air Conditioning and AstroTurf: Goodman requested funds for installing air conditioning and AstroTurf.
• Remodelling and Furnishing Funds: Goodman requested additional funds for remodelling and furnishing.
• Car Replacement and Nanny Car Funds: Goodman sought increases in car replacement funds and additional funds for a nanny’s car.
• Child Periodical Payments and Childcare Funding: Disputes over the amounts for child maintenance and childcare costs.

Legal Framework

Under Schedule 1 of the Children Act 1989, financial relief can include periodical payments, lump sums, and property possession orders, aimed at supporting the child until they reach 18 or finish full-time education. The court considers the parents' financial resources, the child's needs, and the expected standard of living relative to the parent's wealth.

Court Decision

The court upheld the original housing budget and location radius, the cohabitation clause, and the existing management fund arrangement. Requests for air conditioning and astroturf were rejected as unnecessary. The court granted a smaller furnishing fund and maintained the existing car fund level. Goodman’s request for increased child periodical payments was denied, with the court finding Walker’s proposed payments sufficient.

Commentary

This case highlights the discretion and flexibility of the Family Court in Schedule 1 proceedings. Despite the high-profile nature and significant financial resources involved, the court focused on what was reasonable and necessary for the children's well-being. The decision to allow open reporting reflects a shift towards greater transparency in family law, balancing privacy and public interest.

For those navigating similar legal challenges, this case underscores the importance of managing expectations and approaching litigation with a realistic view of what is necessary and reasonable.

For more detailed information on Schedule 1 claims or to seek legal advice on related issues, please contact our private Family Team at privatefamily@duncanlewis.com or call [020 7923 4020 for an appointment.

About the Author

Oliver Amos is a Caseworker in the Child Care department based in Duncan Lewis' Wolverhampton office. In his role, Oliver assists and support the team of solicitors and caseworkers with their day-to-day handling of cases, which primarily comprises of Private Children Matters. Oliver works under the supervision of Sharon Kang and Director Mandeep Kaur Benning

Contact Oliver today by email at OliverA@duncanlewis.com or via telephone at 02031141318.

Duncan Lewis Solicitors Family and Child Care Department

Duncan Lewis Family and Child Care department is ranked and recognised by The Legal 500 and Chambers and Partners for family and matrimonial work, providing confidential advice with effective representation. Our family team includes solicitors who have achieved the Law Society’s Children Law and Family Law Advanced accreditations providing advocacy in all court proceedings, ensuring our clients receive a consistent and professional service as well as a high degree of continuity.