If the child has died, which family court has exclusive jurisdiction over an action for denial of paternity or nullity of acknowledgement?
General information · Not legal advice
Material to check
In a practice file we read the petition to see which kind of action it is, any record of the child's ordinary court domicile while alive, and the death record and address papers showing where the child last lived.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading places these actions, including denial of paternity and nullity or cancellation of acknowledgement, with the family court of the child's ordinary court domicile, and where the child has died, with the family court of the child's last domicile, as the court of exclusive jurisdiction.
Another reading notes that the provision names the child's last domicile as the connecting factor once the child has died, but leaves open how that domicile is shown, so a file holding only a death record does not settle where jurisdiction lies.
Your judgment
If the child moved shortly before death, what in the file would show which address was the last domicile rather than merely the last place of stay?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the connecting factor for a deceased child, or if a court decision explains what counts as the child's last domicile.