In the matter of NN [2010] JRC 193A (22 October 2010)

In the matter of NN [2010] JRC 193A (22 October 2010)

Given the father's admitted and serious history of domestic violence, repeated breaches of injunctions, lack of insight, and failure to demonstrate meaningful change or accept responsibility, it is not in the children's best interests to grant direct or supervised contact or a parental responsibility order. Only indirect contact is appropriate at this time, to be monitored and subject to review if the father demonstrates genuine change.

Citation
[2010] JRC 193A
Parties
Applicant/father: A; Respondent/mother: B
Jurisdiction
Jersey
Judgment Date
22 October 2010
Procedural Posture
Application for Contact and Parental Responsibility Order / Final Hearing and Judgment
Outcome
Application for direct contact and parental responsibility order refused; indirect contact only granted.
Legal Topics
Contact Orders, Parental Responsibility, Domestic Violence, Child Welfare, Injunctions
Family Law Child Law Contact Orders Parental Responsibility Domestic Violence Child Welfare Injunctions

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Parties

A

Applicant/father

B

Respondent/mother

Procedural Posture

Application for Contact and Parental Responsibility Order / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the father should be granted direct or indirect contact with his children given history of domestic violence
  2. 2 Whether the father should be granted a parental responsibility order

Ratio Decidendi

Given the father's admitted and serious history of domestic violence, repeated breaches of injunctions, lack of insight, and failure to demonstrate meaningful change or accept responsibility, it is not in the children's best interests to grant direct or supervised contact or a parental responsibility order. Only indirect contact is appropriate at this time, to be monitored and subject to review if the father demonstrates genuine change.

Court Disposition

Application for direct contact and parental responsibility order refused; indirect contact only granted.

Orders

  • Father to have only indirect contact with the children (cards, letters, presents) to be sent via the mother, subject to her discretion and to be monitored by the Jersey Family Court Advisory Service.
  • No parental responsibility order granted to the father.