Judgment 743
58th Session, 1986
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In the event of divorce the duty to maintain and bring up the child falls mainly on the parent who is granted custody, the other having only a right of supervision and a duty to make some financial contribution. Thus the spouse who is granted custody should ordinarily be deemed to bear actual and lasting responsibility for the child and should be entitled to payment of the child allowance."
Keywords:
definition; dependent child; education expenses; family allowance; parents separated;
Judgment 270
36th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
If the parents are separated, "payment of [the higher school]allowance is warranted where the child attends school away from the place of residence of the parent with whom he normally lives [...] if [...] the child attends school at the place of residence of the parent who has custody of him, that is a normal situation and there is no reason to pay the allowance at the higher rate. It is immaterial that the parents are separated and that, though living with his mother, the child is a dependant of the father. It is true that in the present case the child's maintenance is in general more costly to the father than it would be if father and son were living together. But that is a consequence not of the choice of school but of the separation of the parents, and the organisation cannot be held liable therefor."
Keywords:
allowance; amount; condition; dependent child; education expenses; parents separated; rate; residence;
Judgment 219
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Maintenance, like dependence, can be defined in different ways. While it can be argued that a contribution to maintenance is a form of maintenance, it can also be claimed that only complete maintenance can truly be called maintenance." The meaning of the applicable texts has not been clearly stated in the new Staff Regulations.
Keywords:
criteria; dependant; dependent child; interpretation; parents separated;
Consideration 2
Extract:
Had it been intended that an official ordered to pay a maintenance allowance should be entitled to receive child allowances, special provisions would have been included in the regulations to deal with such cases "either by giving the Director-General discretionary power to determine the amount of the allowance in each case on its merits, or by making the amount of the child allowance dependent on the amount of the maintenance allowance; at the very least provision would have been made for the payment of the child allowance to the parent having custody."
Keywords:
dependent child; family allowance; parents separated;
Consideration 2
Extract:
"[T]he complainant not only does not have custody of the children, but he makes a financial contribution which is probably smaller than that made by their mother, and therefore does not actually maintain his children according to the strict interpretation of the term adopted [...] His claim for the payment of child allowances therefore fails."
Keywords:
condition; dependent child; family allowance; parents separated; right;
Consideration 2
Extract:
Vide Judgment 216, consideration 2.
Reference(s)
ILOAT Judgment(s): 216
Keywords:
allowance; condition; dependent child; family allowance; parents separated;
Judgment 216
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 219, consideration 3.
Reference(s)
ILOAT Judgment(s): 219
Keywords:
allowance; condition; dependent child; education expenses; parents separated; right;
Consideration 2
Extract:
Vide Judgment 219, consideration 2.
Reference(s)
ILOAT Judgment(s): 219
Keywords:
dependent child; family allowance; parents separated;
Consideration 2
Extract:
Vide Judgment 219, consideration 2.
Reference(s)
ILOAT Judgment(s): 219
Keywords:
condition; dependent child; family allowance; parents separated; right;
Consideration 2
Extract:
The complainant recognises "that he is not entitled to an allowance as head of the family on account of the payments he makes on behalf of the children of his first marriage, who are in their mother's custody. It follows that he cannot claim the child allowance either, since the grant of both allowances depends on the fulfillment of the same condition."
Keywords:
allowance; condition; dependent child; family allowance; parents separated;
Judgment 138
22nd Session, 1969
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The authority in this case has refused to look into the facts of [the complainant's] case because of the self-imposed rule on itself that the maintenance of two households can under no circumstances entitle an expatriate employee to an educational grant. This in the judgment of the Tribunal was an error of law which entailed the non-exercise of a discretion."
Keywords:
allowance; case sent back to organisation; decision quashed; education expenses; flaw; marital status; parents separated; refusal;
Considerations
Extract:
"Circumstances could be envisaged in which significant additional expenses have been incurred solely for the education of the children in the home country when a household is maintained in that country for the school-going children. In international organisations where multicultural and multilingual employees are gathered from various parts of the world the possibility of such a situation should be expected. The Director-General could not therefore dismiss complainant's request on principle but should [...] taking into account all the circumstances of the case have exercised his discretion [...]."
Keywords:
allowance; education expenses; parents separated; place of origin; residence;
