M v D [2004] JRC 169 (23 September 2004)

M v D [2004] JRC 169 (23 September 2004)

The existing schedule provides stability for the child, and fundamental changes could risk its collapse. Weekend arrangements are varied to allow the mother more flexibility, but no major alteration is made to the overall schedule.

Source-derived case information.

Citation
[2004] JRC 169
Parties
Applicant: A's mother; Respondent: A's father
Jurisdiction
Jersey
Judgment Date
23 September 2004
Procedural Posture
Family Law Application / Variation of Child Care Arrangements
Outcome
Partial variation granted
Legal Topics
Child Custody, Parental Responsibility, Variation of Care Arrangements
Family Law Child Custody Parental Responsibility Variation of Care Arrangements

Source-derived case record

Summary, issues, holding and outcome

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Parties

A's mother

Applicant

A's father

Respondent

Procedural Posture

Family Law Application / Variation of Child Care Arrangements

Legal Issues

  1. 1 Should the existing child care arrangements be varied to accommodate the mother's request for greater flexibility, particularly regarding weekends?
  2. 2 Is the father's objection to a full week arrangement and school collection valid given his work commitments?

Ratio Decidendi

The existing schedule provides stability for the child, and fundamental changes could risk its collapse. Weekend arrangements are varied to allow the mother more flexibility, but no major alteration is made to the overall schedule.

Court Disposition

Partial variation granted

Orders

  • Weekend arrangements are varied: in Week 1, father's care begins Saturday evening; in Week 2, father's care begins Sunday at 6.00 p.m.
  • The amended schedule should be observed for a few months to assess improvement.