In the matter of Edward (Family) [2015] JRC 056B (18 March 2015)

In the matter of Edward (Family) [2015] JRC 056B (18 March 2015)

The court found that although both parents were capable of caring for Edward, the father's primary motivation for removal was his own desire to return to the US following marital breakdown, not Edward's welfare. The court was not satisfied the father would promote Edward's relationship with the mother if granted residence and leave to remove. The risk of emotional harm to Edward from undermining his relationship with the mother outweighed the benefits of relocation. The father's applications were dismissed in Edward's best interests.

Citation
[2015] JRC 056B
Parties
Petitioner: A (the mother); Respondent: B (the father)
Jurisdiction
Jersey
Judgment Date
18 March 2015
Procedural Posture
Family / Final Hearing and Judgment
Outcome
father's applications for residence order and leave to remove dismissed
Legal Topics
Residence Order, Leave to Remove Child From Jurisdiction, Child Welfare, Parental Responsibility, Contact Arrangements
Family Law Child Law Residence Order Leave to Remove Child From Jurisdiction Child Welfare Parental Responsibility Contact Arrangements

Case Brief

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Parties

A (the mother)

Petitioner

B (the father)

Respondent

Procedural Posture

Family / Final Hearing and Judgment

Legal Issues

  1. 1 Whether a residence order should be granted in favour of the father or mother
  2. 2 Whether leave to remove the child from the jurisdiction should be granted
  3. 3 What arrangements are in the best interests of the child

Ratio Decidendi

The court found that although both parents were capable of caring for Edward, the father's primary motivation for removal was his own desire to return to the US following marital breakdown, not Edward's welfare. The court was not satisfied the father would promote Edward's relationship with the mother if granted residence and leave to remove. The risk of emotional harm to Edward from undermining his relationship with the mother outweighed the benefits of relocation. The father's applications were dismissed in Edward's best interests.

Court Disposition

father's applications for residence order and leave to remove dismissed

Orders

  • Edward to remain resident in Jersey with the mother
  • Contact arrangements for the father to be as agreed and set out in the final order