In the matter of Georgia (Care proceedings) [2016] JRC 026A (28 January 2016)

In the matter of Georgia (Care proceedings) [2016] JRC 026A (28 January 2016)

The court granted the interim residence order and temporary leave to remove the child to France with the mother, finding that the welfare of the child was best served by remaining with her primary carer and siblings, and that the mother required support for her wellbeing. The court relied on the Children's Service's position against unsupervised contact with the father and the undertakings given by the mother to cooperate with the court and return the child as required.

Citation
[2016] JRC 026A
Parties
Applicant: A; Respondent: B
Jurisdiction
Jersey
Judgment Date
28 January 2016
Procedural Posture
Family Law Interim Residence and Leave to Remove / Interim Application for Residence Order and Temporary Leave to Remove Pending Final Determination
Outcome
Interim residence order granted to the mother; temporary leave to remove the child from the jurisdiction granted; directions given for welfare report and further proceedings.
Legal Topics
Interim Residence Order, Leave to Remove Jurisdiction, Child Welfare, Contact Arrangements
Family Law Child Law Interim Residence Order Leave to Remove Jurisdiction Child Welfare Contact Arrangements

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Parties

A

Applicant

B

Respondent

Procedural Posture

Family Law Interim Residence and Leave to Remove / Interim Application for Residence Order and Temporary Leave to Remove Pending Final Determination

Legal Issues

  1. 1 Whether to grant interim residence order to the mother
  2. 2 Whether to permit temporary removal of the child from the jurisdiction
  3. 3 How to address contact arrangements between father and child

Ratio Decidendi

The court granted the interim residence order and temporary leave to remove the child to France with the mother, finding that the welfare of the child was best served by remaining with her primary carer and siblings, and that the mother required support for her wellbeing. The court relied on the Children's Service's position against unsupervised contact with the father and the undertakings given by the mother to cooperate with the court and return the child as required.

Court Disposition

Interim residence order granted to the mother; temporary leave to remove the child from the jurisdiction granted; directions given for welfare report and further proceedings.

Orders

  • Mother granted interim residence order for the child.
  • Mother granted temporary leave to remove the child to France.