A -v- B (Family) [2016] JCA 098 (26 May 2016)

A -v- B (Family) [2016] JCA 098 (26 May 2016)

The definitions of 'parent' in Jersey law are broad enough to encompass persons who have voluntarily sought and obtained parental status in another jurisdiction, and whose status has been definitively declared by a competent judicial authority, provided recognition is not contrary to public policy. The appellant's status as Matthew's father, as determined in Latvia, is recognised in Jersey, and the courts have power to order financial provision against him.

Citation
[2016] JCA 098
Parties
Appellant: A; Respondent: B
Jurisdiction
Jersey
Judgment Date
26 May 2016
Procedural Posture
Family Law Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Definition of Parent, Recognition of Foreign Judgments, Financial Provision for Children, Public Policy, Issue Estoppel
Family Law Private International Law Definition of Parent Recognition of Foreign Judgments Financial Provision for Children Public Policy Issue Estoppel

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Parties

A

Appellant

B

Respondent

Procedural Posture

Family Law Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appellant is to be treated as a parent for the purposes of Schedule 1 to the Children (Jersey) Law 2002
  2. 2 Whether Jersey courts have power to order financial provision against the appellant
  3. 3 Interpretation of 'parent' under Jersey law

Ratio Decidendi

The definitions of 'parent' in Jersey law are broad enough to encompass persons who have voluntarily sought and obtained parental status in another jurisdiction, and whose status has been definitively declared by a competent judicial authority, provided recognition is not contrary to public policy. The appellant's status as Matthew's father, as determined in Latvia, is recognised in Jersey, and the courts have power to order financial provision against him.

Court Disposition

appeal dismissed

Orders

  • Appellant's status as parent recognised for purposes of financial provision under Children (Jersey) Law 2002
  • Royal Court's order for payments upheld