P -v- Q (Family)

I sat on 27 th May, 2014, to resolve a preliminary issue of law which arises on an application by the applicant under Article 15 and Schedule 1 of the Children (Jersey) Law 2002 ("the 2002 Law"). The applicant's form C100 in its material part sets out the following:-

"My former partner, Q has instituted proceedings for licitation force the sale of the Property A currently held in the names of us both, where I and our daughter live. He has not put forward any proposals by way of financial provision for our daughter.

I would like the Court to make an order for financial provision for our daughter and to make orders concerning the property to permit our child and I to continue living in the property for the time being, with an order for secured provision against Q's interest in the property."

I am advised that a date has been set for the hearing of the application in October 2014.

Both the applicant and the respondent were born in Jersey. They met in 2005 and commenced a relationship. At some point during that year, the respondent moved in with the applicant at her home, Property A, which had been owned by her grandparents from the mid-1970s, and was inherited by the applicant's father and his siblings in 1996. The applicant had been renting Property A since 1999. When the respondent moved in, he and the applicant paid rent of £450 per month.