1 Garden Court

Financial Provision: Privy Council to deliver judgment in C v C

Family Law Week has reported that the Privy Council will promulgate its judgment in the cases of C v C on Thursday, 31 October 2019.

The judgment will determine whether it was open to the Royal Court of Jersey to treat the appellant as a "parent" for the purpose of orders for financial provisions under the Children (Jersey) Law 2002.

Deirdre Fottrell QC and Eleri Jones both acted for the respondent in this case, with Richard Castle. They were instructed by Jamie Orchard of Viberts in Jersey. 

By way of brief background, the appellant and the respondent met in Latvia in 2000 and were in a relationship until around the end of 2002. On 20 June 2003 the respondent had a child, A, and RZ was registered on the birth certificate as his father. The parties' relationship resumed in November 2005. In June 2006 they applied successfully in Latvia for the rectification of the birth certificate to register the appellant as the father.

The parties moved to Jersey in 2008. The relationship broke down and in July 2010 the respondent moved with A back to Latvia. She applied to the Jersey court for financial relief for A's benefit. The appellant failed in his application to the Latvian courts for a further rectification of the birth certificate to remove his registration as A's father.

The Jersey courts held that the appellant should be treated as a parent based on his status as such under Latvian law, and that he was liable to make financial provision for A.

The appeal was heard by Lady Hale, Lord Wilson, Lord Hodge, Lord Kitchin and Lord Sales on 20 February 2019.
 

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