Re J (a Minor: Property Transfer)
| Jurisdiction | England & Wales |
| Judgment Date | 03 November 1992 |
| Date | 03 November 1992 |
| Court | Family Division |
Family Division
Before Mr Justice Eastham
Children - joint tenancy - statutory transfer application - where cohabitee not parent
A mother could not get an order that her cohabitee of ten years' standing transfer a joint tenancy into her sole name for the benefit of the child under section 15 of the Children Act 1989 because the cohabitee was not the father of the child nor married to the mother and was not therefore "a parent".
Mr Justice Eastham so held in the Family Division dismissing a mother's appeal against the decision of Deputy District Judge Greenberg, at Willesden County Court on July 14, 1992, to dismiss her application under section 15(1) of the 1989 Act for the transfer of a joint tenancy held with her cohabitee into her sole name for the benefit of the child.
Mr Simon Buckhaven for the mother; Mr Robert Purdie for the respondent.
MR JUSTICE EASTHAM said that the mother and the respondent had lived together for about ten years as though they were husband and wife and the child, although not the respondent's child, had been a member of the household.
The court was entitled to make an order requiring either or both parents to transfer property to an applicant for the benefit of the child. Under the Act the word "parent" was not defined. The question was whether the respondent could properly be described as a parent of the child.
Under the plain meaning of the...
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T v B
...the status of parent by express statutory provision. Authorities 23 I have been referred to a number of authorities. 24 In J v J (A Minor: Property Transfer) [1993] 2 FLR 56, a mother applied under Schedule 1 of the Children Act for a financial relief order against a man with whom she had b......
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R (Alconbury Developments Ltd) v Secretary of State for the Environment, Transport and the Regions
...... and obligations of the citizen, even in matters which relate very closely to his private property or his private activities, are determined by some public authority which does not fulfil the ... small and medium holdings and the District Commission was required to refuse consent to a transfer which appeared to violate this policy. This was a classic regulatory power exercisable by an ......
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Re A (A Child)
...H's father or parent either in common parlance or under any definition contained in the Children Act or other legislation (cf J v J (A Minor: Property Transfer [1993] 2 FLR 56). He is not a father by biological paternity or adoption, nor a stepfather by marriage. He is a person entitled, b......
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Re A (A Child) (Joint Residence: Parental Responsibility)
...[1995] 2 FLR 883, CA. Hodak v Newman (1993) 17 Fam LR 1, FLC 92–421, Aus Fam Ct. J v J (Property Transfer Application)[1993] 1 FCR 471, [1993] 2 FLR 56. AppealThe mother appealed from the order made by District Judge Adam, on 11 January 2008 pursuant to a final judgment delivered on 14 Augu......