Bartram v Bartram [2024] EWHC 2650 (Fam) (18 October 2024)

Bartram v Bartram [2024] EWHC 2650 (Fam) (18 October 2024)

Stephen John Bartram meets the statutory definition of a missing person under the Guardianship (Missing Persons) Act 2017, having been absent from his usual residence and activities for over a year with his whereabouts unknown. It is in his best interests, given his financial affairs and risk of property repossession, to appoint a guardian. The Claimant is a suitable person to be appointed as guardian for a period of two years with full powers over the missing person's property and financial affairs.

Citation
[2024] EWHC 2650 (Fam)
Parties
Claimant: Sheila Bartram; Defendant: Stephen John Bartram
Jurisdiction
England and Wales
Judgment Date
18 October 2024
Procedural Posture
Part 8 Claim Under Guardianship (missing Persons) Act 2017 / Final Hearing and Judgment
Outcome
Guardianship order granted for two years
Legal Topics
Guardianship of Missing Persons, Appointment of Guardian, Best Interests of Missing Person, Management of Property and Financial Affairs
Family Law Property Law Guardianship of Missing Persons Appointment of Guardian Best Interests of Missing Person Management of Property and Financial Affairs

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Parties

Sheila Bartram

Claimant

Stephen John Bartram

Defendant

Procedural Posture

Part 8 Claim Under Guardianship (missing Persons) Act 2017 / Final Hearing and Judgment

Legal Issues

  1. 1 Whether Stephen John Bartram is a 'missing person' under the Guardianship (Missing Persons) Act 2017
  2. 2 Whether it is in the best interests of the missing person to appoint a guardian
  3. 3 Whether the applicant is an appropriate person to be appointed as guardian

Ratio Decidendi

Stephen John Bartram meets the statutory definition of a missing person under the Guardianship (Missing Persons) Act 2017, having been absent from his usual residence and activities for over a year with his whereabouts unknown. It is in his best interests, given his financial affairs and risk of property repossession, to appoint a guardian. The Claimant is a suitable person to be appointed as guardian for a period of two years with full powers over the missing person's property and financial affairs.

Court Disposition

Guardianship order granted for two years

Orders

  • Sheila Bartram appointed as guardian over all property and financial affairs of Stephen John Bartram for two years
  • Guardian to have all rights and powers in relation to the property and financial affairs of the Defendant