188体育

Section 4 of the DMPA 1973 applies in England, Wales and Northern Ireland only.

This legislation preserves and extends the circumstances in which the domicile of a legitimate or legitimated child (refer to RDRM22210) will depend on that of its mother. In order for the legislation to apply the child鈥檚 parents have to be living apart.

Where a child has a home with its mother and no home with its father, the child鈥檚 domicile is dependent on and follows that of its mother.

This also applies where the child has ceased to have a home with its mother but has not since had a home with its father.

If a child鈥檚 mother dies and by reference to the criteria in the previous paragraph the child鈥檚 domicile would have depended on its mother鈥檚 domicile at the time of her death, the child retains the domicile that its mother had immediately prior to her death.

In any other case the child鈥檚 domicile follows that of its father.

The question of whether or not a child has a home with either or both of its parents is essentially one of fact.