N v N

Divorce – Financial provision. The wife's application for enforcement of child maintenance and an upward variation of the same had been struck out by the district judge as it had offended the principle of res judicata and/or that it had represented an abuse of the process of the court under Pt 4 of the FPR. The basis for that conclusion was that she had previously sought to enforce child maintenance in the courts of Illinois. The Family Division allowed the wife's appeal. The judge in Illinois had unintentionally reduced the value of the maintenance order and that had been outside his jurisdiction or remit. In all the circumstances, it was a truly exceptional case and justice would not be served by allowing the district judge's order to stand. Further, the issue of variation had not been addressed in Illinois. The district judge had erred and it was difficult to see how the wife's application could fairly have been struck out.

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