In the case of S-v-G [2003] JRC 091A , referred to by Advocate Colley for the mother, I treated school fees separately from child maintenance. I said this:-
"Whatever the result of the maintenance argument, it seems to me that school fees and possible extra expenses associated with schooling, e.g. school trips and activities should be considered separately if the need should arise."
However, I believe this case should be categorised differently, because, if I were to insist that this father should pay a full half contribution to school fees on top of his maintenance, it would not only be unfair, but it might result in him experiencing real financial difficulty so that his second family could suffer. He has a medium sized income only.
The situation here is comparable to that in W-v-O [2004] JRC 218A , when I said:-
"The new rate of maintenance must be further reduced, to take into account the fact that the father has now responsibilities in respect of his second family. Rather than to embark on the speculative comparison attempted by the Court in Rabet -v- Vautier (2 nd February 1994) (Jersey Unreported 1994/17) in order to arrive at a new figure, I propose to use the CSA tables which were not available to the Court at that time."
On the other hand, private schooling for J was considered by him to the extent that he filled out appropriate forms, even if he paid no deposit or application fee. It is reasonable that he should contribute something to the fees, even if the mother will have to make up the difference.
So I propose to cap the fees at £300 per term, which works out at £75 per month annually, so that at present, the father will pay maintenance of £433 per month plus £75, making a total of £508 per month. The contribution should be subject to cost of living increases (like child maintenance) and need not be geared to any real increase in school fees. This is a little more than at present, but I think that he can afford a contribution of this size. If J does not go to a private school after all, the £75 will not have to be paid. A contribution to uniforms, extra curricula activities and school trips is reasonable, given that the same would be expected of a father of a child at any States school.
Authorities
Re W (children) (education: choice of school) [2002] EWCA Civ 1411 .
S-v-G [2003] JRC 091A .
W-v-O [2004] JRC 218A .