A and B -v- D and E (Family) [2015] JRC 186A (09 September 2015)

A and B -v- D and E (Family) [2015] JRC 186A (09 September 2015)

Leave to apply for contact is refused because the applicants have not demonstrated a good arguable case or a real prospect of success. The history of disregard for parental wishes, inappropriate communications, and ongoing hostility between the parties presents a real risk that further proceedings would disrupt the children's lives to the extent of causing harm. The relationship between the parties is seriously fractured and cannot be repaired at this time, making contact not in the children's best interests.

Citation
[2015] JRC 186A
Parties
Applicant: A; Applicant: B; Respondent: D; Respondent: E
Jurisdiction
Jersey
Judgment Date
09 September 2015
Procedural Posture
Family / Application for Leave to Apply for Contact With Children
Outcome
Application for leave to apply for contact refused.
Legal Topics
Contact With Children, Leave to Apply for Contact, Grandparents' Rights, Parental Responsibility
Family Law Contact With Children Leave to Apply for Contact Grandparents' Rights Parental Responsibility

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Parties

A

Applicant

B

Applicant

D

Respondent

E

Respondent

Procedural Posture

Family / Application for Leave to Apply for Contact With Children

Legal Issues

  1. 1 Whether leave should be granted to grandparents to apply for contact with grandchildren under Article 10 of the Children (Jersey) Law 2002

Ratio Decidendi

Leave to apply for contact is refused because the applicants have not demonstrated a good arguable case or a real prospect of success. The history of disregard for parental wishes, inappropriate communications, and ongoing hostility between the parties presents a real risk that further proceedings would disrupt the children's lives to the extent of causing harm. The relationship between the parties is seriously fractured and cannot be repaired at this time, making contact not in the children's best interests.

Court Disposition

Application for leave to apply for contact refused.