Domicile and Recognition of Foreign Divorces Act, 1986

Dependent domicile of minor.

4.—(1) The domicile of a minor at any time when his father and mother are living apart shall be that of his mother if—

(a) the minor then has his home with her and has no home with his father, or

(b) the minor has at any time had her domicile by virtue of paragraph (a) of this subsection and has not since had a home with his father.

(2) The domicile of a minor whose mother is dead shall be that which she last had before she died if at her death the minor had her domicile by virtue of subsection (1) of this section and has not since had a home with his father.

(3) This section shall not affect any existing rule of law as to the cases in which a minor's domicile is regarded as being, by dependence, that of his mother.

(4) In the application of this section to a minor who has been adopted, references to the father or mother of such minor shall be construed as references to the adoptive father or adoptive mother of such minor.