In the matter of Morgan (Care order) [2018] JCA 065C (23 March 2018)

In the matter of Morgan (Care order) [2018] JCA 065C (23 March 2018)

The application for extension of time was refused because the delay was significant, the reasons for delay were not compelling, the grounds for appeal lacked realistic prospects of success, and granting an extension would prejudice the welfare of the child, who had already been placed with prospective adopters.

Citation
[2018] JCA 065C
Parties
Applicant: A (the mother); First Respondent: Minister for Health & Social Services; Second Respondent: B (the father); Third Respondent: C; Fourth Respondent: D; Fifth Respondent: Morgan (acting through his guardian ad Litem)
Jurisdiction
Jersey
Judgment Date
23 March 2018
Procedural Posture
Appeal / Application for Extension of Time to Appeal
Outcome
Application for extension of time to appeal dismissed
Legal Topics
Care Orders, Freeing for Adoption, Extension of Time, Dispensing With Parental Consent, Best Interests of the Child
Family Law Child Welfare Adoption Law Care Orders Freeing for Adoption Extension of Time Dispensing With Parental Consent Best Interests of the Child

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 4 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A (the mother)

Applicant

Minister for Health & Social Services

First Respondent

B (the father)

Second Respondent

C

Third Respondent

D

Fourth Respondent

Morgan (acting through his guardian ad Litem)

Fifth Respondent

Procedural Posture

Appeal / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether time for appeal should be extended
  2. 2 Whether new evidence justifies appeal
  3. 3 Whether the mother's change in circumstances warrants reconsideration of care/adoption orders

Ratio Decidendi

The application for extension of time was refused because the delay was significant, the reasons for delay were not compelling, the grounds for appeal lacked realistic prospects of success, and granting an extension would prejudice the welfare of the child, who had already been placed with prospective adopters.

Court Disposition

Application for extension of time to appeal dismissed

Orders

  • No extension of time granted
  • Appeal not permitted