The first question for the English court in this scenario, in the event that father applied for an order under section 8 of the Children Act 1989 (ChA 1989), would be where the child is habitually resident. Section 2(1) of the Family Law Act 1986 provides that the English court shall not make an order under ChA 1989, s 8 unless either it has jurisdiction under Council Regulation (EC) 2201/2003 (Brussels II bis) or the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996 Hague Convention). Article 8 of Council Regulation (EC) 2201/2003, Brussels II bis provides that the courts of a Member State shall have jurisdiction

For the purpose of this Q&A, we have assumed that: • the child of the deceased is not a minor • a grant of letters of administration has been made to the siblings It is assumed that the deceased died totally intestate, in which case, a grant of letters of administration will need to be applied for. The Q&A does not specify whether the deceased left a surviving spouse or just surviving children. The order of priority for a grant of letters of administration is governed by the Non-Contentious Probate Rules 1987, SI 1987/2024, r 22, as amended, and so the surviving spouse would be first in priority with the children second. As the children have a beneficial interest in the estate, then the spouse would apply for a grant

The child is now over the age of 18, has completed secondary education and is entering tertiary education. The original maintenance has now come to an end, and the child wishes to apply themselves for financial provision under Schedule 1 of the Children Act 1989 (ChA 1989). Under ChA 1989, Sch 1 an application may be made by a parent, guardian or special guardian of a child, or by any person in whose favour a residence order is in force with respect of a child, for a variety of orders for the benefit of a child. The orders that may be applied for

Where a child is subject to a care order, the rules as to the local authority dealing with the case are set out in section 31(8) of the Children Act 1989, which states that: ‘(8) the local authority designated in a care order must be— (a) the authority within whose area the child is ordinarily resident; or (b) where the child does not reside in the area of a local authority, the authority within whose area any circumstances arose in consequence of which the order is being made.’ The

Section 4(1) of the Child Support Act 1991 (CSA 1991) provides that a person who is, in relation to any qualifying child or any qualifying children, either the person with care or the non-resident parent may apply to the Secretary of State for a maintenance calculation to be made with respect to that child, or any of those children, save where there is an order for child maintenance in place that is less than one year old. The jurisdiction of the Secretary of State to make a calculation upon receipt of an application is dependent upon one or both of the child’s parents not being resident with the child, the child coming within the definition of ‘child’, and both the resident and non-resident

Once an individual has reached the age of 16, they become capable of acquiring their own domicile of choice. At that point, the individual can: • retain their domicile of dependence as a domicile of choice • abandon their domicile of dependence and acquire a different domicile of choice, or • abandon their domicile of dependence, but not acquire a domicile of choice, so that their domicile of origin revives C’s residence in Country B C may have acquired a domicile of choice in Country B by virtue

Pursuant to section 55A of the Family Law Act 1986 (FLA 1986), an application may be made to the Family Court or to the High Court for a declaration as to whether or not a person named in the application is or was the parent of another person. The jurisdiction of the court is dependent on domicile or habitual residence in England and Wales, as set out in FLA 1986, s 55A(2). Where an application is successful, and a declaration of parentage is made, the court shall notify the

The court may appoint an individual to become a child’s guardian in one of three circumstances including if the child has no parent with parental responsibility for them (eg where the child's unmarried mother has died and the father does not have parental responsibility) or no special guardian (section 5 of the Children Act 1989 (ChA 1989)). A person who is a child’s guardian pursuant to ChA 1989, s 5 acquires parental responsibility for the child. Parental responsibility is defined as all the rights, duties, powers, responsibility and authority that, by law, a parent has in relation to their child and their child's property. Any appointment of a guardian may be brought to an end at

Private Client analysis: Who is to be treated as a child for the purpose of construing how an offshore trust or will is supposed to operate? This is a deceptively simple question-surely we all know what a child is? Written by James Sheedy and Joanne Seal (TEP), partners of Collas Crill.

Firstly, it would be advisable to scrutinise the governing document or objects of the specific church charity or the denomination of the Church. It may be that this will show the basis upon which the decision is or was made. For instance, it is not unusual for church property to be held for the purpose of supplying living accommodation to members of needy (Church of England) clergy and/or their families. Every charity

An order made under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) attracts similar treatment under section 146 of the Inheritance Tax Act 1984 (IHTA 1984) as an instrument of variation does under IHTA 1984, s 142. Neither needs to be made by

The amendment of a statement of case before it has been served is governed by CPR 17.1. However, any amendment made without the court’s permission can be set aside, under CPR 17.2; and it will be set aside in circumstances where, if the court’s permission had been sought, it would not have been granted. The court has power, after the expiry of the limitation period, under CPR 17.4 to: • add or substitute a new claim, but only if the new claim arises out of the same facts or substantially the same facts as a claim in respect of which the party applying for permission has already claimed a remedy in the proceedings, or • correct a mistake as to the name of a party, but only where the mistake was genuine and not one which would cause reasonable doubt as to the identity of the