In the matter of WW (Residence Order) 09-Mar-2021 [2021] JRC 064 (09 March 2021)

In the matter of WW (Residence Order) 09-Mar-2021 [2021] JRC 064 (09 March 2021)

The Court granted a Residence Order to the maternal grandparents, extended to WW's eighteenth birthday, based on the welfare principle, WW's clear wishes, the proven capability of the grandparents, and exceptional circumstances arising from the history of harm and ongoing risk if parental responsibility ceased at age 16.

Citation
[2021] JRC 064
Parties
Applicants: Maternal Grandparents; Third Respondent: WW; Second Respondent: Mother; Putative Father: D; Interested Party: Minister
Jurisdiction
Jersey
Judgment Date
09 March 2021
Procedural Posture
Residence Order Application / Final Judgment
Outcome
Residence Order granted to maternal grandparents, extended to WW's eighteenth birthday; Care Order discharged.
Legal Topics
Residence Order, Care Order Discharge, Parental Responsibility, Exceptional Circumstances
Family Law Child Welfare Residence Order Care Order Discharge Parental Responsibility Exceptional Circumstances

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Parties

Maternal Grandparents

Applicants

WW

Third Respondent

Mother

Second Respondent

D

Putative Father

Minister

Interested Party

Procedural Posture

Residence Order Application / Final Judgment

Legal Issues

  1. 1 Whether a Residence Order should be granted to the maternal grandparents for WW
  2. 2 Whether exceptional circumstances justify extending the Residence Order to age 18
  3. 3 Whether the Care Order should be discharged

Ratio Decidendi

The Court granted a Residence Order to the maternal grandparents, extended to WW's eighteenth birthday, based on the welfare principle, WW's clear wishes, the proven capability of the grandparents, and exceptional circumstances arising from the history of harm and ongoing risk if parental responsibility ceased at age 16.

Court Disposition

Residence Order granted to maternal grandparents, extended to WW's eighteenth birthday; Care Order discharged.

Orders

  • Residence Order in favour of maternal grandparents until WW's eighteenth birthday
  • Discharge of Care Order