Following the decision earlier in the year in Re B (a child) I wondered if anyone has tried to obtain a specific issue order for the sale of foreign property inherited by a minor.
In Re B, Peel J set out some guidance as to how such applications should proceed in the future. He seemed to suggest (I don’t think I can say it was a ruling) that such applications should be made in the family courts and commenced using Form C100. I have just looked at the form and it simply isn’t geared towards an application regarding a minor’s property. To make matters worse, there is a requirement for mediation and there is a part of the form that you get to and if you don’t fall within the set exemptions from mediation, you can’t continue. This kind of application regarding a minor’s property does not seem to fall within the set exemptions. At that stage it says you simply cannot proceed.
On the other hand, this seems to fall squarely within a Part 8 application in the Chancery Court - see Re Shanavazi.
I have one such matter and I am trying to decide whether to make the application in the Family or Chancery court. I suspect it can be dealt with more quickly. Does anyone have any suggestions or any experience of filing one of these applications post Re B and Re Shanavazi? Many thanks.