Can you sue your own parents for financial support?

News | 10 March 2021

Written by: Stuart Ruff
Partner

Written by: Stuart Ruff, Partner

An unemployed lawyer is taking his own parents to court to try to force them to cover his living costs for the rest of his life, according to reports.

This is an unprecedented case which failed at first instance and is now being appealed. Mr Siddiqui attempted to sue his parents under both the Children Act 1989 and the court’s inherent jurisdiction for financial provision. He also sought to argue that under matrimonial laws, the phrase “either party to the marriage” should be interpreted to allow a child of the marriage to claim maintenance. All the arguments put forward were dismissed by the judge at first instance. It is very difficult to see the appeal succeeding.

Whilst the law does allow children (including adult children) to make claims against their parents for maintenance, there are a number of criteria that must be satisfied which means that, in practice, such cases will be very rare as highlighted in the first instance judgement.

If you would like to discuss any issues raised in about financial provision for family members, please get in touch.