X v Y (Family) (Royal Court : Hearing (Civil) : Wright : Family) [2026] JRC 019 (16 January 2026)

X v Y (Family) (Royal Court : Hearing (Civil) : Wright : Family) [2026] JRC 019 (16 January 2026)

The court found that X had not proven on the balance of probabilities that Y posed a risk of physical, emotional, or sexual harm to the children. The evidence supporting the allegations was inconsistent, lacked corroboration, and was undermined by context and credible alternative explanations. The court accepted Y's evidence and the Guardian's recommendations, concluding that Y does not present a serious risk of harm and that the children's welfare is best served by rebuilding their relationship with their father.

Citation
[2026] JRC 019
Parties
Applicant/respondent (mother): X; Applicant/respondent (father): Y; Guardian: Elsa Fernandes
Jurisdiction
Jersey
Judgment Date
16 January 2026
Procedural Posture
Child Custody and Summary Return Application / Post Evidence, Judgment on Risk of Harm and Interim Contact Arrangements
Outcome
Application for summary return adjourned; findings on risk of harm made; interim contact arrangements ordered.
Legal Topics
Child Custody, Summary Return of Children, Allegations of Abuse, Welfare of the Child, Jurisdictional Issues
Family Law Child Law International Private Law Child Custody Summary Return of Children Allegations of Abuse Welfare of the Child Jurisdictional Issues

Case Brief

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Parties

X

Applicant/respondent (mother)

Y

Applicant/respondent (father)

Elsa Fernandes

Guardian

Procedural Posture

Child Custody and Summary Return Application / Post Evidence, Judgment on Risk of Harm and Interim Contact Arrangements

Legal Issues

  1. 1 Whether Y presents a risk of physical, emotional, or sexual harm to the children
  2. 2 Whether the children should be summarily returned to Country C
  3. 3 Appropriate contact arrangements in the interim

Ratio Decidendi

The court found that X had not proven on the balance of probabilities that Y posed a risk of physical, emotional, or sexual harm to the children. The evidence supporting the allegations was inconsistent, lacked corroboration, and was undermined by context and credible alternative explanations. The court accepted Y's evidence and the Guardian's recommendations, concluding that Y does not present a serious risk of harm and that the children's welfare is best served by rebuilding their relationship with their father.

Court Disposition

Application for summary return adjourned; findings on risk of harm made; interim contact arrangements ordered.

Orders

  • Y does not present a significant risk of harm to the children.
  • Contact between Y and the children to resume immediately (FaceTime 3x a week, in-person if Y visits Jersey).