Knight v Elwell [1977] JLR 169 (21 September 1977)
- Citation
- [1977] JLR 169
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Family Law / Custody Determination
More details
- Posture
- Family Law / Custody Determination
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Knight
MotherElwell
Father03
Procedural history
Posture
Family Law / Custody Determination
04
Questions and positions
Legal issues
- 01
Whether risk of financial disadvantage to child should influence grant of sole custody to UK-domiciled mother
- 02
Whether joint custody with Jersey-domiciled father is proper to avoid financial disadvantage
Party arguments
- Applicant
- Mother sought sole custody, arguing her UK domicile and suitability as sole custodian.
- Respondent
- Father opposed sole custody, arguing joint custody would avoid financial disadvantage to the child and was otherwise suitable.
05
Court’s reasoning
Legal principles
- 01
Jersey Law Reports [1977] JLR 169
Risk of financial disadvantage to the child must be given weight in custody decisions.
06
Ratio, limits and disposition
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.
Source and reliance status
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Knight v Elwell [1977] JLR 169 (21 September 1977) URL: https://www.bailii.org/je/cases/JLR/1977/JLR770169.html Cite as: [1977] JLR 169 [ New search ] [ Help ] Knight v Elwell 1977 JLR 169 (21 September 1977) Family Law-children-custody-risk of financial disadvantage to child to be given weight in considering grant of sole custody to UK-domiciled mother-joint custody with Jersey-domiciled father may be proper to avoid disadvantage if joint custody otherwise suitable The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1977 JLR 169 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1977/JLR770169.html
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