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A charity holds a large donation from an earlier fundraising campaign which the charity has not yet spent, for a project which has now been completed thus rendering the donation surplus to the needs of that project. Is it possible to apply the surplus donation to a new project when the donor is no longer alive?
Q&As
The starting point is to double check the paperwork that exists in order to determine the purposes for which the gift was made in the first place and to see whether there is a legally binding restriction in place, or whether any restriction was applied by the charity trustees themselves. If there is a restriction,
A charity is the residuary beneficiary of an estate. If a claim is brought under the Inheritance (Provision for Family and Dependants) Act 1975 against the estate by the deceased's long-term partner, what are the inheritance tax implications if the charity settles such a claim by varying the Will to make provision for the partner?
Q&As
The interaction of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) with the inheritance tax (IHT) regime can be complex, and is the subject of comprehensive treatment in: Chapter 14 of Inheritance Act Claim: Law Practice and Procedure as well as in specialist IHT text books. The IHT implications of a settlement by a charity (which is exempt from IHT on the legacy it receives) in favour of a partner (who is not exempt, assuming the
A charity wishes to assign the leasehold title to a property but, out of the five charity trustees named as registered proprietors of the property, three have died and one has retired. New trustees are running the charity but no record can be found of their formal appointment. What needs to be done in order to transfer the legal estate of the property? If the new trustees need to be made parties to the transfer and evidence of their appointment cannot be found, how should this be dealt with? (There is a restriction on title re: dispositions under section 37(2) of the Charities Act 1993).
Q&As
The Charities Act 1993 was repealed some while ago. Irrespective of this charities must now comply with the provisions relating to the transfer of land found in sections 117–129 of the Charities Act 2011 (CA 2011). In general, charity land may not be disposed of without an order of the court or the Charity Commission (CA 2011, s 117(1)). This is pertinent to the issue you raise as those requirements do not apply
A child arrangements order (CAO) was made in relation to contact. The parties then reconciled and the CAO was not adhered to. They then separated again and contact broke down. Has the original CAO lapsed due to the reconciliation and a fresh application to the court required, or can the original CAO be enforced?
Q&As
Section 11(5) of the Children Act 1989 (ChA 1989) provides that where a child arrangements order (CAO) has been made with respect to a child, and the child has two parents who each have parental responsibility for the child, the order, so far as it has the result that there are times when the child lives or is to live with one of the parents, shall cease to have effect if the parents live together for a continuous period of more than six months. Similarly, ChA 1989, s 11(6) provides that a CAO, so far as it provides
A child arrangements order has been made as to contact, and the address at which overnight contact will take place is set out in the recitals to the order, but not as an undertaking, nor is it referred to in the order. The non-resident parent intends to move house and live with a new partner, but the other parent will not co-operate as to the change of address for overnight contact. Can a letter be sent to the court and the other parent to advise of the change of address, on the basis that the court cannot vary a recital as opposed to an order?
Q&As
The proposed course of action of sending a letter to the court and the other party of the change of address seems sensible and proportionate. However, one should address whether there is any particular significance to the current address or, conversely, any drawbacks to the proposed address, for example, unsuitable accommodation. Does the proposed
A child arrangements order has been made as to contact. The non-resident parent has moved house but has refused to provide the other parent with details of their new address, what steps can be taken by the resident parent to obtain the address in case it is needed.
Q&As
The steps that may be taken to obtain details of the non-resident parent's address will be dependent on the facts of the case and whether it is proportionate to take such steps. In some cases where there are relevant concerns, the address at which contact may take place may be specified in the child arrangements order. The parent with care may have particular concerns about the suitability of the accommodation that the child will be taken to, they may also be concerned as
A child arrangements order is in place that includes provision that any other arrangements may be agreed between the parties in writing. Where one party wishes to seek additional contact, and has communicated those requests in writing to the other party, could that be considered to be harassment that would justify an injunction?
Q&As
The Protection from Harassment Act 1997 (PHA 1997) creates a general prohibition on conduct amounting to harassment. It contains no definition of harassment. However there is an objective test, which is defined by reference to the person whose course of conduct is in question, knowing that such conduct amounts to harassment of another. A person is deemed to know that such conduct amounts to harassment if a reasonable person in possession of the same information would think the course amounted to harassment. It envisages that in order for behaviour to constitute harassment, there must be a course of conduct. A course of conduct must involve relevant conduct on at least two occasions. Where harassment has taken place
A child has a disability and an education, health and care plan in place until age 25. The parties, who were not married, have agreed child maintenance to be paid in accordance with a Child Maintenance Service calculation with a review prior to child's 20th birthday as to whether the maintenance should extend beyond age 20. On drafting a consent order for provision under Schedule 1 to the Children Act 1989, is a periodical payments order required to retain the court's jurisdiction now so that an order can then be made post age 20, or could a later application be made? If so, how should the order be worded?
Q&As
Paragraph 1(2) of Schedule 1 to the Children Act 1989 (ChA 1989) gives the court the power to order periodical payments to be paid by one parent to the other for the benefit of the child. This is subject to section 8 of the Child Support Act 1991 (CSA 1991) which strips the court of its jurisdiction to make an order for child periodical payments in the event the
A child has been brought to England from Ukraine. The father has commenced proceedings under the Children Act 1989 to prevent the child’s removal. The mother disputes jurisdiction and has made an application for return of the child to Ukraine under the Hague Convention. Ukraine is subject to Martial law and the Foreign, Commonwealth and Development Office advice is against all travel there. What is the legal impact of this on any application under the Hague Convention?
Q&As
Where a child has been removed from their home country without the consent of the other parent or the permission of a court of that country, it is open to a party to make an application under the Hague Convention of 25 October 1980 on Civil International Aspects of Child Abduction (the 1980 Hague Convention) (where the country is a signatory to that convention) for a summary order requiring the return of that child. The court has limited opportunity to refuse such an order in the event that it is found that the child is not habitually resident
A child is born to unmarried parents outside the UK. The mother and child then move to England. The mother seeks sole parental responsibility for the child. Will the father’s parental responsibility be determined in accordance with the law in the child’s place of birth or in accordance with law in England and Wales?
Q&As
Parental responsibility is defined by section 3 of the Children Act 1989 (ChA 1989) as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’. By virtue of ChA 1989, s 2, where the child’s father and mother were married to each other at the time of birth, they each have parental responsibility for the child. ChA 1989, s 4 deals with the acquisition of parental responsibility by the father where the parents were not married. A father can acquire parental responsibility by being named on the child’s birth certificate, by a parental responsibility agreement, or a court order. The Convention on Jurisdiction, Applicable Law, Recognition,
A child is subject to a supervision order made under section 31 of the Children Act 1989. The court allowed the mother to take the child out of the jurisdiction to another EU country for a relative's funeral. The mother is now refusing to return the child. What steps may be taken by the local authority to return the child to this jurisdiction?
Q&As
Once a child is subject to a supervision order under section 31 of the Children Act 1989 (ChA 1989), the child is placed in the care or supervision of a local authority. The purpose of such an order is so that the local authority can ‘advise, assist and befriend’ the child. There can be requirements, such as for certain activities to be done, however it does not give the local authority parental responsibility and, as such, it would not be able to potentially take action to return the child without first applying to the court for wardship or a care order. The local authority could make an application to make the child a
A child is subject to an interim care order, and the local authority propose that the care proceedings be concluded, and a child arrangements order be made instead. In addition, the local authority says it will support the child’s grandmother as to an application for a special guardianship order in a few months’ time. What are the factors that should be considered as to the appropriate course of action, in particular as to support for the grandmother including financial support?
Q&As
A special guardianship order is an order appointing one or more individuals to be a child’s ‘special guardian’ pursuant to section 14A of the Children Act 1989 (ChA 1989). It enables a special guardian to exercise parental responsibility in respect of the child to the exclusion of others who also hold parental responsibility. The court must ensure that the proposed special guardian is aged 18 or over and is not a parent of the child in question. The court may not make a special guardianship order unless it has received a report from the local authority dealing