Knight v Elwell [1977] JLR 169 (21 September 1977)

Knight v Elwell [1977] JLR 169 (21 September 1977)

Where joint custody is otherwise suitable, it may be proper to grant joint custody with the Jersey-domiciled father to avoid financial disadvantage to the child, rather than sole custody to the UK-domiciled mother.

Citation
[1977] JLR 169
Parties
Mother: Knight; Father: Elwell
Jurisdiction
Jersey
Judgment Date
21 September 1977
Procedural Posture
Family Law / Custody Determination
Outcome
Joint custody may be proper if suitable to avoid financial disadvantage.
Legal Topics
Child Custody, Financial Disadvantage, Domicile
Family Law Child Custody Financial Disadvantage Domicile

Case Brief

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Parties

Knight

Mother

Elwell

Father

Procedural Posture

Family Law / Custody Determination

Legal Issues

  1. 1 Whether risk of financial disadvantage to child should influence grant of sole custody to UK-domiciled mother
  2. 2 Whether joint custody with Jersey-domiciled father is proper to avoid financial disadvantage

Ratio Decidendi

Where joint custody is otherwise suitable, it may be proper to grant joint custody with the Jersey-domiciled father to avoid financial disadvantage to the child, rather than sole custody to the UK-domiciled mother.

Court Disposition

Joint custody may be proper if suitable to avoid financial disadvantage.