It might resolve the actual difficult, if you don’t intractable, issue of harmonising the newest domicile away from dependency of kids toward concept away from sex equality eleven
to be completely discover. From the lack of legislative otherwise judicial suggestions, the newest commentators are usually of one’s have a look at the children’s domicile changes with that of the adoptive moms and dads, but you to his or her domicile out-of resource would be the fact from this new absolute parent.
There are no authorities on the question of the domicile of a child after the death of its parents or, in the case of an illegitimate child, the death of its mother. Dicey and Morris 8 refer to two possible solutions. The first is that a distinction might be drawn between “natural guardians” (i.e. grandparents), who have the power to change the child’s domicile, and others, who do not. The second is that a guardian has power to change the child’s domicile to a country in which he is recognised as guardian, but not otherwise. Dicey and you will Morris, however, admit that “these are speculative possibilities” and they say that the safest view appears to be that the domicile of a child without living parents cannot be changed 9 .
There are not any government towards the domicile off a beneficial posthumous legitimate man, but it’s essentially thought that the domicile of the kid’s mom at the time of delivery will manage. It is reasonably essentially thought that good foundling children’s domicile out of supply ‘s the country where he is discover.
Proposals
Probably the most common rules pertaining to brand new domicile of kids seems to get one which metropolises the children’s legal position:
for the a footing that will not discriminate involving the father and you will the caretaker, except, possibly, in the case of an illegitimate man.
One possible change would be for the law to provide that a child should be capable of acquiring a domicile independent of that of its parents. This proposal has been made by Mr William Duncan, of Trinity College, in an article on the subject published in The new Irish Jurist 10 in 1969. Some of the advantages of the proposal very pretty swiss girls ple, mean that the inappropriate attributions of domicile that can occur in some cases under existing law would no longer occur. It would remove the possible injustice to mature teenagers who ilies. To give all children independent domiciles would, however, involve some difficulties, the most important of which is uncertainty. The advantage of the existing law is that it
This problem could be solved to some extent by legislation providing general rules for the courts or rebuttable presumptions, such as the presumption that, where the child is living with parents who share the one domicile, his domicile is the same as theirs. Nevertheless, as will be shown, it is very difficult to solve all problems in this fashion and it is precisely the difficult cases that are the ones that defy satisfactory rules (or presumptions). On this account, the Commission does not at present wish to propose that children should be capable of acquiring an independent domicile. It would prefer to hear the views of interested members of the public on this proposal before taking a final decision on the matter. Properly, the fresh Payment formally requests the fresh new entry to they by interested persons or groups of its feedback into offer you to definitely children from all age groups should in future enjoys an excellent domicile separate of the of the mothers.
Possible compromises might be considered. The age at which a child may acquire an independent domicile could be set at twelve or fourteen years, for example, or the High Court could be given power to change the domicile of a child where that would be in the best interests of the child; or legislation could provide that a child would acquire an independent domicile where he ceased to live with his parents. Some of these possibilities will be considered in more detail infra.