I -v- J (Family) [2014] JRC 021 (23 January 2014)

I -v- J (Family) [2014] JRC 021 (23 January 2014)

On the special facts of this case, given the father's inability to work with a lawyer due to emotional distress and the need to resolve outstanding issues expeditiously in the children's interests, the appointment of an amicus curiae is justified to assist both the court and the self-represented father, despite his financial means.

Citation
[2014] JRC 021
Parties
Father/applicant: I; Mother/respondent: J
Jurisdiction
Jersey
Judgment Date
23 January 2014
Procedural Posture
Family Law (post Judgment Applications) / Post Judgment; Applications for Costs, Restriction Under Article 66(8) Children (jersey) Law 2002, and Security for Periodical Payments
Outcome
Application for appointment of amicus curiae granted.
Legal Topics
Amicus Curiae Appointment, Self Representation, Costs, Security for Periodical Payments, Restriction on Further Applications, Child Welfare
Family Law Civil Procedure Amicus Curiae Appointment Self Representation Costs Security for Periodical Payments Restriction on Further Applications Child Welfare

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Parties

I

Father/applicant

J

Mother/respondent

Procedural Posture

Family Law (post Judgment Applications) / Post Judgment; Applications for Costs, Restriction Under Article 66(8) Children (jersey) Law 2002, and Security for Periodical Payments

Legal Issues

  1. 1 Whether to appoint an amicus curiae to assist a self-represented litigant in post-judgment family proceedings
  2. 2 Whether the application for an amicus curiae is an abuse of process or res judicata
  3. 3 Appropriate circumstances for appointment of amicus curiae in Jersey family proceedings

Ratio Decidendi

On the special facts of this case, given the father's inability to work with a lawyer due to emotional distress and the need to resolve outstanding issues expeditiously in the children's interests, the appointment of an amicus curiae is justified to assist both the court and the self-represented father, despite his financial means.

Court Disposition

Application for appointment of amicus curiae granted.

Orders

  • An amicus curiae with no prior connection to the case is to be nominated by the Bâtonnier or Deputy Judicial Greffier.
  • The amicus curiae is to assist the court and the father on points of law or procedure in preparation and presentation of the remaining three issues (costs, Article 66(8) restriction, security for periodical payments).