02nd Jul 2024

FLiP Advises on Reported Case of Re N [2024] EWFC 141

FLiP Advises on Reported Case of Re N [2024] EWFC 141

 

Senior Associate Grace Lawrence, instructing Ceri White of 4 Paper Buildings, acted for the applicant parents in the recently reported case of Re N [2024] EWFC 141.

The parents applied jointly for a Specific Issue Order under the Children Act 1989. The applicant father intended to gift the child a share of a property in Switzerland. The child was habitually resident in England. Swiss law, by reference to Article 8(1) of Council Regulation (EC) No 2201/2003, required an English court order authorising the parents to accept the gift on the child’s behalf.

The relevant legal principles and procedure were set out in two earlier cases decided by Mr Justice Peel, Re AC [2020] EWFC 90 and Re B [2022] EWFC 7. Those cases dealt with receipt of property overseas on behalf of a minor in circumstances where a parent had died and forced heirship laws applied. By contrast, this case concerned a lifetime gift from parent to child.

Mr Justice Peel confirmed that the application fell “squarely within the exercise of parental responsibility” and that despite factual differences, the legal requirements were the same as in Re AC and Re B. He commented that “[t]he application is comprehensive, and includes evidence from Swiss lawyers as to the position in that jurisdiction. The proper procedure set out in Re B has been scrupulously followed”. Referring to the “welfare checklist” and the “overarching requirements of the paramountcy principle”, Mr Justice Peel was satisfied that it was in the child’s best interests to make the order sought. There was “no prejudice” to the child in circumstances where the applicant father had agreed to meet all the running costs of the property and to provide indemnities.

Grace Lawrence is a Senior Associate at Family Law in Partnership. Grace advises HNW and UHNW individuals on all aspects of private family law including financial and children matters and pre and post nuptial agreements. Her work has a strong international dimension and many of her cases involve substantial business interests and trust structures. Find out more about Grace and how she can help you to resolve your family law issues here.

At FLiP we offer exceptional legal expertise on a wide range of issues involving children and parenting issues and we have extensive experience of representing clients in the Family Courts. Contact FLiP to find out more about how we can help you.