In the matter of FF [2010] JRC 153A (23 August 2010)

In the matter of FF [2010] JRC 153A (23 August 2010)

Residence application is refused and only indirect contact permitted due to ongoing risk of abduction and negative impact on child and mother; historical caregiving is irrelevant given the trauma caused by previous abduction.

Citation
[2010] JRC 153A
Parties
Applicant: A; Respondent: B; Child: C
Jurisdiction
Jersey
Judgment Date
23 August 2010
Procedural Posture
Divorce and Child Residence/contact / Final Judgment on Residence and Contact Application
Outcome
Residence application refused; only indirect contact permitted.
Legal Topics
Child Residence, Child Contact, Abduction, Parental Responsibility
Family Law Child Residence Child Contact Abduction Parental Responsibility

Case Brief

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Parties

A

Applicant

B

Respondent

C

Child

Procedural Posture

Divorce and Child Residence/contact / Final Judgment on Residence and Contact Application

Legal Issues

  1. 1 Whether B should be granted residence or contact with C
  2. 2 Risk of abduction by B
  3. 3 Impact of previous abduction on C and A

Ratio Decidendi

Residence application is refused and only indirect contact permitted due to ongoing risk of abduction and negative impact on child and mother; historical caregiving is irrelevant given the trauma caused by previous abduction.

Court Disposition

Residence application refused; only indirect contact permitted.

Orders

  • No direct contact between B and C.
  • Indirect contact allowed only by sending presents and cards on C's birthday, Christmas, and Easter.