Representing an international footballer in financial proceedings for his child

Kirsten Tomlinson — a Senior Associate in our award-winning family law team — represented a high-profile international footballer in court proceedings concerning his financial support for his child.

The client was served with an application under Schedule 1 of the Children Act 1989. The mother also issued applications part way through the proceedings for a Specific Issue Order that dealt with a medical issue and private education for the child.

Financial claims

Since the client had never been in a relationship with the child’s mother, there was no relationship between him and the child. The mother moved to the UK from her country of origin after the child was born and issued proceedings in England to seek financial support against the client for the benefit of the child.

The mother’s applications included excessive housing for her and the child to live in until the end of  education, a substantial capitalised maintenance claim, further lump sums to meet various alleged financial needs for the child, payment of private school fees (the child was young and private education was unnecessary) and a lump sum to pay for a form of unnecessary medical treatment for the child that could be met by other means.

Negotiations took place while the proceedings were ongoing and offers were made by both parents. Ultimately, all applications were determined at a final hearing as the parents were far apart in their positions.

Working closely with fellow professionals

Due to the client’s profession and profile, Kirsten provided advice remotely during several conferences with the assistance of the client’s legal and administrative team.

Kirsten worked closely with the client’s international lawyer and his family officer (the person who dealt with his financial and administrative affairs) and represented the client throughout the proceedings, which concluded at a final hearing. She was also able to instruct leading counsel to assist with representation at court.

Together, they successfully reduced the mother’s awards for financial claims in respect of the child to a fair, reasonable and sensible level in terms of housing and maintenance. They also successfully defended the mother’s ‘specific issue’ applications, where no orders were made by the Court.

Kirsten also assisted with the implementation of the complex and intricate terms of the final order over a sustained period of time. This involved working together with other specialist lawyers that dealt with the property-related matters (including charges and leases). She also worked with property letting agents and effectively coordinated a team of several professionals with the sole aim of ensuring that the complex terms of the final order were implemented successfully without causing any unnecessary issues for the client to have to deal with.

Kirsten took the time to ensure that the client’s other professional advisors were fully aware and understood the terms of the final order and how it affected their client. 

Minimising disruption to playing career

While Kirsten was successful in protecting a larger proportion of the client’s financial resources, even more importantly she managed to keep his legal affairs confidential and out of the press and media.

Kirsten also sought the judge’s approval that the client didn’t need to attend any preliminary or interim hearings either remotely or directly in the lead up to the final hearing. 

It was further agreed that the final hearing could be listed in accordance with his upcoming fixtures and that he could give his evidence remotely at the final hearing, in-line with his training schedule, which would often take him travelling internationally to play matches.

All of this enabled the client to focus on his day-to-day profession unhindered. The client and his team were extremely grateful for this.

Key learning points

Any high-profile individual experiencing similar issues must be able to trust the professional team that manages their administrative, financial and legal affairs.

It’s vital that a reputable family lawyer with specific experience in this area is instructed and legal advice sought immediately upon initial receipt of a court application or solicitor’s letter that seeks financial claims.

That lawyer also needs to be able to work cohesively with the client’s professional advisors and have access to other specialist lawyers to advise and assist in complementary areas such as property, tax and estate planning.

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Please note that we've altered some details within this case study to respect our client’s confidentiality.