N, Re [2024] EWFC 141 (20 June 2024)

The court has jurisdiction to authorise the acceptance of a gift of foreign property on behalf of a minor habitually resident in England, where required by the law of the foreign jurisdiction, and such authorisation is an exercise of parental responsibility if it is in the child's best interests.

Citation: [2024] EWFC 141
Parties: Applicants: N's parents; Minor Child: N
Jurisdiction: England and Wales
Judgment Date: 20 June 2024
Procedural Posture: Children Act 1989 Application / Judgment on Application for Authorisation to Accept Property Gift
Outcome: Application granted
Legal Topics: Parental Responsibility, Acceptance of Property by Minors, Jurisdiction for Authorisation of Gifts to Minors, Foreign Property Ownership by Minors

Family Law Private International Law Parental Responsibility Acceptance of Property by Minors Jurisdiction for Authorisation of Gifts to Minors Foreign Property Ownership by Minors

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Parties

N's parents

Applicants

Minor Child

Procedural Posture

Children Act 1989 Application / Judgment on Application for Authorisation to Accept Property Gift

Legal Issues

1 Whether the court should authorise N's parents to accept a gift of property in Switzerland on N's behalf
2 Whether the application falls within the exercise of parental responsibility under English law

Ratio Decidendi

Court Disposition

Application granted

Orders

Authorisation granted for N's parents to accept on N's behalf a one-third share of the Swiss property as a gift from N's father