Reasons for Annulment Marriage was not allowed and so it never really existed. This is called a void marriage Somethings which are expected in a marriage were not met. The court can then annul these marriages. They are called voidable marriages. If you are thinking of asking for your marriage to be annulled, you don’t […]
Going to Court on a family matter can be a daunting experience, however with careful preparation and seeking legal advice early can help minimise that stress. The Judge will know that you are not legally qualified, so do not feel afraid to ask the Judge or Court staff if you require any clarification on any […]
How to become a delegate? The Capacity and Self-Determination (Jersey) Law 2016 (CSDL) which came into force on Monday 1 October 2018 and replaces the Curatorship system. For a guide to become a delegate, see Becoming a Delegate (Previously known as Curator)
Statutory Declaration In the UK the Statutory Declaration Act 1835 allows for a declared name change. The same sort of declaration can be used in Jersey. For some purposes a statutory declaration of name change is enough evidence but not for legal purposes. The declaration needs to be drawn up by a lawyer. It needs […]
Where a child is to reside should, whenever possible, be decided by consent of both parents. Getting a child back from another jurisdiction If a child is removed from Jersey without the consent of the other parent or the Court, the other parent can start legal proceedings to bring them back. Removing a child […]
Children’s Services Children’s Services are there to protect children and this is done through a number of different orders. An order is an instruction from the court that something should or should not be done. The service’s main aim is to protect children while at the same time supporting the family as a whole. They can […]
Who is legally responsible for maintaining children? A woman who has a child born before 2nd December 2016 and who is not married has sole parental responsibility for her child. This means that only she can make decisions about the child. However, the father can apply to the court for parental responsibility. Alternatively, both parents […]
Is there a Child Support Agency in Jersey? The Child Support Agency has no jurisdiction in Jersey. Clients receiving papers from the CSA should return them together with a letter explaining that they are now resident in Jersey so are outside the CSA jurisdiction. Clients who were living in the UK and have been paying […]
How to obtain a Decree Nisi When a divorce is granted in the Royal Court, the petitioner will be granted a decree nisi. The decree nisi is a conditional divorce which does not become final until the decree absolute is granted some six weeks later. How to obtain a Decree Absolute Either party can apply […]
What to do if you are seeking a divorce If you want to divorce, you may still be living with your partner or may have been separated for some time. It is possible that your partner has left you and you do not know where they are. If you are still living together, the first […]
How to get a divorce in Portugal If you are a Portuguese national who was married in Jersey, you should have arranged for the marriage to be registered in Portugal as is required by Portuguese Law. After getting a decree absolute, you should take both the decree absolute and decree nisi to the Portuguese consulate […]
Service of forms The Viscount’s Department serve the forms on behalf of the petitioner and they have to go on the information provided on where the person be living or working. As the Viscount’s Department only work normal office hours, this may result in the forms being served at a person’s place of work, especially […]
The first thing to do when dealing with cases involving domestic violence is to make sure the victim and any children are safe. Female victims A woman who is suffering from mental or physical violence can ask the Freeda (previously known as the Women’s Refuge) for help at any time. They offer advice, counselling and […]
This Law, approved by the States on the 3rd February 2009 and brought in to force on 8th January 2010, provides for the legal recognition of changes by transgender people so that they may enjoy any rights conferred by the law of Jersey on people of their gender. Gender Recognition Certificate Legal recognition will follow […]
Tutelles The Children’s Property and Tuteurs (Jersey) Law 2016 makes the appointment of a Tuteur mandatory where a minor inherits or receives moveable property valued at £25,000 or more or any immoveable property. One or more Tuteurs can be appointed to hold joint responsibility, such as both parents. The tuteur must prepare an inventory and submit […]
Separating informally A married couple can choose to separate by themselves. If one partner decides to leave against the wishes of the other, they are free to do so although some things still apply, for example, the duty to provide for a child. Leaving in this way is legally called desertion. After two years, the […]
Lasting power of Attorney (LPA) came into force on 1st October 2018. This is a legal right given to someone trusted that continues until it is stopped and can last until the person who has given it has died. The person who gives it (donor) may not want to or be in a position to manage […]
Please see Guidance Note 13 – Parental Rights | JACS JACS also have a leaflet: parental-and-breastfeeding-rights-booklet.pdf (jacs.org.je)
Parental Responsibility Parental responsibility means that a person or people have the right to make decisions about a child or children. . This might be making decisions about what school they go to, what religion they follow or what health care they have. Who can have Parental Responsibility? For children registered before 2nd December 2016: […]
Youth Court Panel Useful guidance for youth court appearances can be found here Meanwhile, the information below provides a short explanation of what the Youth Court is. The Youth Court Panel started in 1985. It is a body of lay people who help the Magistrate in the Youth Court. They are chosen because of their […]
Can a Maintenance Order be changed? Sometimes after an order has been given by the court, peoples’ lives change and they may need more money or can’t afford to pay what was agreed. If this happens, then they can go back to court and ask for the order to be changed. Most orders for maintenance […]
Age of majority and meaning of minor The age of majority is the age in law when a child or young person is thought to become an adult. In Jersey, the age of majority is 18 years. In law, a child or young person below the age of 18 is classed as a minor but […]
