settlemnt taking disabled child into consideration

Hello all.

I wonder if anyone has experience of or can direct me to info regarding settlements if there is a child who is severely disabled.

My child for whom I am the main carer for will be a dependent for the rest of her life. In normal situations it often happens that the non-res parent will have their part of the property held in trust until youngest leaves full time educ. But what happens when one child is unlikely to ever leave rp's care???? is there any precedence in the UK for this that I can refer to?

If you can believe it the stbxh wants my child to go into state funded residential school so he can argue the above is not the case (so he can claim more £££)... >

The formal mat home is not of great value and I could not 'downsize' at all, in fact we have outgrown it. There is very little capital to go around in this situation.

any thoughts greatly welcome.

B

Any court will take your daughters needs into account - the s25 factors (which sets out what the relevent factors a court must have regard to in deciding what is a fair settlement includes "the financial needs, obligations and responsibilities which each of the parties has or is likely to have in the foreseeable future" so the responsibility you have for your daughter is relevent.

A court can also take into account the longer term needs of a disabled child in considering maintenance.

Depending on the circumstances, it may be reasopnable for their to be an outright transfer of the property rather than a transfer and chargeback, although this would depend on the full financial picture.