Case No. FD22P00083

In my judgment, my provisional view on this subject was correct.ii)The wording of Article 3(g) of the 1996 Hague Convention (the administration, conservation or disposal of the child’s property) reinforces my view that parental responsibility includes the sale of property of a child [emphasis added].iii)A sale of property is an aspect of management of property as was explained by Chief Master Marsh at paragraph 42 of South Down Trustees Ltd v GH [2018] EWHC 1064 (Ch). It does not alter the beneficial entitlement; it merely converts the interest into ready money which can more easily be deployed. iv)Master Clark, in Re Shanavazi [2021] EWHC 1832 (Ch), with her considerable experience from a Chancery perspective, when faced with a similar case to this one agreed with my reasoning in Re AC.13.Having satisfied myself that I am entitled to authorise the applicant to enter into a contract for sale on behalf of B, I am persuaded that, when considering the paramountcy of B’s welfare, it is in his best interests to grant the authorisation sought. The value of B’s share is substantial and there are no known debts. The proposed sale is at a price of €320,000 such that B’s 50% share would be €160,000 less a pro rata contribution to sale costs. At present, B can make no meaningful use of his share of the property. There is no significant link with France anymore; the family barely visit the property. B’s family life is in England. B himself seeks a sale of the property, so as to assist him at university in due course, and explore other investment opportunities, including purchasing a rental property in this country. Rental income defrays some of the running costs, but does not provide a meaningful net income. A ready and willing purchaser has been identified and the evidence suggests that if this opportunity to sell is not grasped, it may become more difficult to secure a sale.14.I will accordingly grant both limbs of the application.