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Family Law

Welcome to the Family Law section.

Annulment of Marriage

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 […]

Appearing in the Family Court as Litigant in Person

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 […]

Applying to change a Maintenance Order

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 […]

Becoming a Delegate

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)

Change of Name

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 […]

Child Abduction

Enforcement If you have a Residence Order or an injunction stopping children being taken from the island, you can tell the Customs and Immigration Service who will check passengers going off the island. An injunction is a court order saying something must not happen. Someone traveling abroad with children would need to have passports for […]

Child Care Orders Under the Children (Jersey) Law 2002

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 […]

Child Maintenance

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 […]

Child Support Agency

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 […]

Decree Nisi and Absolute

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 […]

Divorce

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 […]

Divorce – Portuguese Nationals

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 […]

Divorce procedure when there is a Co-Respondent

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 […]

Domestic Violence

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 Women’s Refuge for help at any time. They offer advice, counselling and a safe place to go […]

Gender Recognition

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 […]

Inheriting as a minor

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 […]

Judicial and Legal Separation

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

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 […]

Parental Leave

Maternity Leave An employee is entitled to take up to 52 weeks leave, the first six of which must be paid by the employer. The unpaid leave can be taken in up to three blocks of no less than two weeks each during the first two years from the birth of the child.  Any Maternity […]

Parental Responsibility

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 born before 2nd December 2016: […]

The Youth Court

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 […]

What you can and cannot do as a minor

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 […]
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