A -v- B (Family) [2013] JRC 167 (23 August 2013)

A -v- B (Family) [2013] JRC 167 (23 August 2013)

There is no sufficient evidence of significant harm to the child to justify interfering with the Bristol County Court's order; the order should be given effect and the child should be returned to the mother as previously directed.

Citation
[2013] JRC 167
Parties
Applicant/mother: A; Respondent/father: B; Child: C; Proposed Carer: D; Proposed Carer's Partner: E
Jurisdiction
Jersey
Judgment Date
23 August 2013
Procedural Posture
Child Residence and Contact Application / Interlocutory Hearing
Outcome
Application granted; child to be returned to the mother in accordance with the Bristol County Court order.
Legal Topics
Child Residence, Contact Orders, Jurisdiction, Undertakings, Child Welfare
Family Law Child Law Child Residence Contact Orders Jurisdiction Undertakings Child Welfare

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

A

Applicant/mother

B

Respondent/father

C

Child

D

Proposed Carer

E

Proposed Carer's Partner

Procedural Posture

Child Residence and Contact Application / Interlocutory Hearing

Legal Issues

  1. 1 Whether the child C should be delivered up to the mother in accordance with the Bristol County Court order
  2. 2 Whether there is sufficient evidence of significant harm to justify interfering with the English court's order
  3. 3 Appropriateness of undertakings given by the mother regarding residence of the child

Ratio Decidendi

There is no sufficient evidence of significant harm to the child to justify interfering with the Bristol County Court's order; the order should be given effect and the child should be returned to the mother as previously directed.

Court Disposition

Application granted; child to be returned to the mother in accordance with the Bristol County Court order.

Orders

  • Child C to be handed over to the mother by 9:30am the following morning.
  • A social worker to collect C from the father's address, preferably with the mother present.