Commonwealth Numbered Acts

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Domicile Act 1982 No. 1 of 1982 - SECT 9

Domicile of certain children

9. (1) Where, at any time-

   (a)  a child has his principal home with one of his parents; and

   (b)  his parents are living separately and apart or the child does not have
        another living parent,
the domicile of the child at that time is the domicile that the parent with
whom the child has his principal home has as at that time and thereafter the
child has the domicile that that parent has from time to time or, if that
parent dies, the domicile that that parent has at the time of death.

(2) Where a child is adopted, his domicile-

   (a)  if, upon his adoption, he has 2 adoptive parents-is, at the time of
        the adoption and thereafter, the domicile he would have if he were a
        child born in wedlock to those parents; and

   (b)  if, upon his adoption, he has one adoptive parent only-is, at the time
        of the adoption, the domicile of that parent and thereafter is the
        domicile that that parent has from time to time or, if that parent
        dies, the domicile that that parent has at the time of death.

(3) A child ceases to have, by virtue of sub-section (1), the domicile or last
domicile of one of his parents if-

   (a)  he commences to have his principal home with his other parent; or

   (b)  his parents resume or commence living together.

(4) Where a child has a domicile by virtue of sub-section (1) or (2)
immediately before he ceases to be a child, he retains that domicile until he
acquires a domicile of choice.

(5) Where the adoption of a child is rescinded, the domicile of the child
shall thereafter be determined in accordance with any provisions with respect
to that domicile that are included in the order rescinding the adoption and,
so far as no provision is applicable, as if the adoption had not taken place. 


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