Stodgell v Stodgell FD: FD 18 Jul 2008

The parties were involved in ancillary relief proceedings. At the same time the husband was in prison after having hidden earnings from his business, and was subject to an unsatisfied confiscation order. The guardian had had doubts about the mother’s suitability to have full responsibility for the care of their 11 year old son. The revenue contended that the matter should not be delayed so that the confiscation order could be enforced.
Held: The fraudulent activities of the husband did constitute conduct which it would be inequitable to disregard within the meaning of paragraph (g). He has brought shame upon himself, despair to the wife, and destroyed the economy of this family. However the family needs in this case could not be given priority over the duty to satisfy the confiscation order: the court cannot protect every child from every consequence of their parents’ behaviour.

Holman J
[2008] EWHC 1925 (Fam)
Matrimonial Causes Act 1973 25(g)
England and Wales
CitedH M Customs and Excise and Another v MCA and Another; A v A; Re MCA CA 22-Jul-2002
The husband and wife divorced and a property adjustment order applied for. The husband had been convicted and a drugs proceeds order made under the 1994 Act. The order had not been satisfied, and the receiver applied for money from the matrimonial . .
CitedThe Serious Fraud Office v Lexi Holdings Plc CACD 10-Jul-2008
Application was made for the variation of a restraint order made under the 2002 Act to enable payment to be made to a judgment creditor in advance of any confiscation order being made, or indeed before any criminal charges had even been preferred. . .
CitedIn re Peters CA 1988
After the defendant was arrested for drugs offences a restraint order was made to prevent dissipation of his assets. Orders were made to vary the restraint to allow payment of his sons school fees, and in family proceedings for a payment to his . .

Cited by:
See AlsoStodgell v Stodgell Admn Admn 18-Jul-2008
The court heard divorce ancillary relief applications against the background of an impending criminal confiscation order against the husband. . .

Lists of cited by and citing cases may be incomplete.

Family, Children

Updated: 01 November 2021; Ref: scu.276702