In the matter of B 5 Feb-2010 [2010] JRC 025 (05 February 2010)

In the matter of B 5 Feb-2010 [2010] JRC 025 (05 February 2010)

It was overwhelmingly in the interests of the children that contact with their father, once re-established, should continue on a consistent and uninterrupted basis. Ongoing supervision was impractical due to the lack of a suitable supervisor and risked further disrupting the children's relationship with their father. The father's mental health was found to be stable by two psychiatrists, and the court ordered that contact could proceed unsupervised but on a graduated basis, with continued monitoring of the father's mental health.

Citation
[2010] JRC 025
Parties
Father: A; Mother: B
Jurisdiction
Jersey
Judgment Date
05 February 2010
Procedural Posture
Family Law Child Contact / Judgment After Contested Hearing on Supervised Vs Unsupervised Contact
Outcome
Contact to proceed unsupervised on a graduated basis, with mental health monitoring; previous order for no contact revoked.
Legal Topics
Child Contact, Supervised Contact, Mental Health and Parenting, Best Interests of the Child
Family Law Child Contact Supervised Contact Mental Health and Parenting Best Interests of the Child

Case Brief

Summary, issues, holding and outcome

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Parties

A

Father

B

Mother

Procedural Posture

Family Law Child Contact / Judgment After Contested Hearing on Supervised Vs Unsupervised Contact

Legal Issues

  1. 1 Whether contact between the father and his children should continue to be supervised or can proceed unsupervised
  2. 2 Assessment of risk to children from father's mental health and parenting style
  3. 3 Implementation of expert recommendations in the context of family dynamics

Ratio Decidendi

It was overwhelmingly in the interests of the children that contact with their father, once re-established, should continue on a consistent and uninterrupted basis. Ongoing supervision was impractical due to the lack of a suitable supervisor and risked further disrupting the children's relationship with their father. The father's mental health was found to be stable by two psychiatrists, and the court ordered that contact could proceed unsupervised but on a graduated basis, with continued monitoring of the father's mental health.

Court Disposition

Contact to proceed unsupervised on a graduated basis, with mental health monitoring; previous order for no contact revoked.

Orders

  • Children to live with the mother and have contact with the father as agreed, subject to agreed narrative and method of reintroduction.
  • Court Welfare Officer to confirm in writing that there are no grounds in terms of the father's mental health to justify contact not taking place.