Shanavazi, Re [2021] EWHC 1832 (Ch) (07 July 2021)

Shanavazi, Re [2021] EWHC 1832 (Ch) (07 July 2021)

The English court has jurisdiction under EU Regulation 2201/2003, as the child is habitually resident in England. Authorisation to sell the property on behalf of the minor is a matter of parental responsibility, and English law applies. Section 3 of the Children Act 1989 empowers the parent to dispose of the child's property where it is in the child's best interests. The sale is in the child's welfare, removing a financial burden and enabling proceeds to be used for his benefit.

Citation
[2021] EWHC 1832 (Ch)
Parties
Claimant: Bibi Marium Shanavazi
Jurisdiction
England and Wales
Judgment Date
07 July 2021
Procedural Posture
Part 8 Claim (children Act 1989, S.8 Specific Issue Order) / Judgment on Application for Authorisation
Outcome
Application granted
Legal Topics
Parental Responsibility, Jurisdiction, Applicable Law, Sale of Property on Behalf of Minor, Children Act 1989, EU Regulation 2201/2003, Succession
Private International Law Family Law Property Law Parental Responsibility Jurisdiction Applicable Law Sale of Property on Behalf of Minor Children Act 1989 +2 more

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Parties

Bibi Marium Shanavazi

Claimant

Procedural Posture

Part 8 Claim (children Act 1989, S.8 Specific Issue Order) / Judgment on Application for Authorisation

Legal Issues

  1. 1 Does the English court have jurisdiction to authorise the sale of foreign property on behalf of a minor under parental responsibility?
  2. 2 What is the applicable law for such authorisation?
  3. 3 Does section 3 of the Children Act 1989 empower a parent to dispose of a minor's immovable property?

Ratio Decidendi

The English court has jurisdiction under EU Regulation 2201/2003, as the child is habitually resident in England. Authorisation to sell the property on behalf of the minor is a matter of parental responsibility, and English law applies. Section 3 of the Children Act 1989 empowers the parent to dispose of the child's property where it is in the child's best interests. The sale is in the child's welfare, removing a financial burden and enabling proceeds to be used for his benefit.

Court Disposition

Application granted

Orders

  • Mrs Shanavazi is authorised to enter into a contract of sale and convey the property in Germany on behalf of Ilyas Firas Shanavazi.
  • Mrs Shanavazi to apply Ilyas' share of the net proceeds for his education, maintenance, and benefit.