P v. Q [2015] 1 JLR 295 (22 July 2014)
- Citation
- [2015] 1 JLR 295
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Family Law Financial Provision for Child / Application for Financial Provision Under Children (jersey) Law 2002, Schedule 1
More details
- Posture
- Family Law Financial Provision for Child / Application for Financial Provision Under Children (jersey) Law 2002, Schedule 1
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court must consider all relevant circumstances, including any pre-existing parental agreement regarding jointly-owned property, when determining financial provision for a child under Schedule 1 of the Children (Jersey) Law 2002.
Court disposition
Application for financial provision considered with reference to all circumstances, including parental agreement.
02
Material facts
Parties
P
ApplicantQ
Respondent03
Procedural history
Posture
Family Law Financial Provision for Child / Application for Financial Provision Under Children (jersey) Law 2002, Schedule 1
04
Questions and positions
Legal issues
Whether the court should have regard to all circumstances, including parents' pre-existing agreement about jointly-owned home, when determining financial provision for a child under Schedule 1 of the Children (Jersey) Law 2002
Party arguments
- Applicant
- Applicant seeks financial provision for the child and relies on the court's discretion under the Children (Jersey) Law 2002, Schedule 1.
- Respondent
- Respondent refers to a pre-existing agreement between the parents regarding the jointly-owned home, arguing it should be considered in the court's decision.
05
Court’s reasoning
Legal principles
- 01
Children (Jersey) Law 2002, art. 4(1)
On an application for financial provision for a child under the Children (Jersey) Law 2002, Schedule 1, the court must have regard to all the circumstances of the case, including any pre-existing agreement between the parents in relation to jointly-owned property.
06
Ratio, limits and disposition
Ratio decidendi
The court must consider all relevant circumstances, including any pre-existing parental agreement regarding jointly-owned property, when determining financial provision for a child under Schedule 1 of the Children (Jersey) Law 2002.
Court disposition
Application for financial provision considered with reference to all circumstances, including parental agreement.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> P v. Q [2015] 1 JLR 295 (22 July 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR151295.html Cite as: [2015] 1 JLR 295 [ New search ] [ Help ] P v. Q 2015 (1) JLR 295 (22 July 2014) Family Law-children-financial provision-on application for financial provision for child under Children (Jersey) Law 2002, Schedule 1, court to have regard to all circumstances (art. 4(1))-includes parents' pre-existing agreement in relation to jointly-owned home (e.g. that either parent may require sale) 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: 2015 (1) JLR 295 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR151295.html
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