C v D (Family) [2019] JRC 090A (17 May 2019)

C v D (Family) [2019] JRC 090A (17 May 2019)

The application for leave to remove was refused because the risk of emotional harm to the child from being separated at a young age from his father, and the uncertainty that the mother would promote the child's relationship with the father, outweighed the benefits of relocation. The child's welfare was best served by remaining in Jersey with regular contact with both parents.

Citation
[2019] JRC 090A
Parties
Applicant (mother): C; Respondent (father): D
Jurisdiction
Jersey
Judgment Date
17 May 2019
Procedural Posture
Family / Application for Leave to Remove Child From Jurisdiction; Opposed by Father; Judgment After Hearing Evidence and Reports
Outcome
Application for leave to remove refused; residence order granted to mother; contact order in favour of father.
Legal Topics
Leave to Remove Child From Jurisdiction, Residence Order, Contact Order, Child Welfare, Parental Responsibility
Family Law Child Law Leave to Remove Child From Jurisdiction Residence Order Contact Order Child Welfare Parental Responsibility

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Parties

C

Applicant (mother)

D

Respondent (father)

Procedural Posture

Family / Application for Leave to Remove Child From Jurisdiction; Opposed by Father; Judgment After Hearing Evidence and Reports

Legal Issues

  1. 1 Whether the mother should be granted leave to remove the child from Jersey to Country A
  2. 2 Whether a shared residence order or prohibited steps order should be made
  3. 3 What arrangements best serve the child's welfare

Ratio Decidendi

The application for leave to remove was refused because the risk of emotional harm to the child from being separated at a young age from his father, and the uncertainty that the mother would promote the child's relationship with the father, outweighed the benefits of relocation. The child's welfare was best served by remaining in Jersey with regular contact with both parents.

Court Disposition

Application for leave to remove refused; residence order granted to mother; contact order in favour of father.

Orders

  • Leave to remove the child from Jersey refused.
  • Residence order in favour of the mother.