Q v R (Family) - [2023] JRC 072 (04 May 2023)

Q v R (Family) - [2023] JRC 072 (04 May 2023)

Shared residence and shared care are not appropriate due to ongoing risk to BB from Mother's unresolved alcohol misuse, lack of insight, and harassing behaviour, as well as her disengagement from professional support. BB's welfare requires sole residence with Father, with contact to Mother to be supervised and subject to review if she demonstrates sustained change. Any risk that Father would not promote BB's relationship with Mother can be managed by clear contact orders.

Citation
[2023] JRC 072
Parties
Applicant (mother): Q; Respondent (father): R
Jurisdiction
Jersey
Judgment Date
04 May 2023
Procedural Posture
Family Law Residence and Contact / Final Judgment With Post Hearing Addendum
Outcome
Application for shared residence and shared care by Mother refused; sole residence with Father confirmed.
Legal Topics
Residence Orders, Contact Orders, Shared Care, Child Protection, Parental Responsibility, Domestic Abuse Allegations, Alcohol Misuse, Harassment
Family Law Child Welfare Residence Orders Contact Orders Shared Care Child Protection Parental Responsibility Domestic Abuse Allegations +2 more

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Parties

Q

Applicant (mother)

R

Respondent (father)

Procedural Posture

Family Law Residence and Contact / Final Judgment With Post Hearing Addendum

Legal Issues

  1. 1 Whether a shared residence and shared care order is appropriate for BB given the history of alcohol misuse and harassment by Mother and allegations of domestic abuse by Father.
  2. 2 Whether Mother's current circumstances and conduct present a risk to BB's welfare.
  3. 3 Whether Father would promote BB's relationship with Mother absent a shared residence order.

Ratio Decidendi

Shared residence and shared care are not appropriate due to ongoing risk to BB from Mother's unresolved alcohol misuse, lack of insight, and harassing behaviour, as well as her disengagement from professional support. BB's welfare requires sole residence with Father, with contact to Mother to be supervised and subject to review if she demonstrates sustained change. Any risk that Father would not promote BB's relationship with Mother can be managed by clear contact orders.

Court Disposition

Application for shared residence and shared care by Mother refused; sole residence with Father confirmed.

Orders

  • Sole residence order in favour of Father.
  • Mother's contact to continue as previously ordered, with overnight contact to remain supervised at E's home and not to be unsupervised until further review.