- Can an adult child receive child maintenance from their parents? (FS v RS)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
Family analysis: The court held that there was no jurisdiction for a 41-year-old man to receive child maintenance from his parents under section 27 of the Matrimonial Causes Act 1973 (MCA 1973), nor under Schedule 1 to the Children Act 1989 (ChA 1989), given the circumstances of the case. Furthermore, the court’s inherent jurisdiction could not be exercised to give the applicant the financial relief he sought. This was a ‘most unusual’ and indeed ‘unprecedented’ case (per Sir James Munby at para ), which raised issues of statutory construction, ‘reading down’ under section 3 of the Human Rights Act 1998 (HRA 1998), declarations of incompatibility under HRA 1998, s 4, and the court’s inherent jurisdiction. Henrietta Boyle of 1 Hare Court discusses the case.
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