Jersey Judgment

C v D [2000] JLR 334 (19 September 2000)

Family Law Child Access Paramountcy of Child's Interests Domestic Violence

Citation: [2000] JLR 334
Status: Judgment
Jurisdiction: Jersey
Posture: Family Law / Judgment

More details

Posture: Family Law / Judgment

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Professional case brief

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Source document

Holding and result

Access to a child should be ordered unless there are strong reasons against it, such as when the mother is so traumatized by the father's violence that an order would be harmful to the family.

Court disposition

Access may be denied if strong reasons exist, such as harm to the family from trauma caused by violence.

Material facts

Parties

Applicant

Respondent

Procedural history

Posture

Family Law / Judgment

Questions and positions

Legal issues

01
Whether access should be granted to a parent when the child's interests are paramount
02
Whether access should be denied due to trauma caused to the other parent by the applicant's violence

Party arguments

Applicant: Access should be granted as it is in the child's best interests.
Respondent: Access should be denied due to trauma caused by the applicant's violence, which would be harmful to the family.

Court’s reasoning

Legal principles

01
[2000] JLR 334

The interests of the child are paramount in access decisions.
02
[2000] JLR 334

Access should be ordered unless there are strong reasons against it, such as harm to the family from trauma caused by violence.

Ratio, limits and disposition

Ratio decidendi

Access to a child should be ordered unless there are strong reasons against it, such as when the mother is so traumatized by the father's violence that an order would be harmful to the family.

Court disposition

Access may be denied if strong reasons exist, such as harm to the family from trauma caused by violence.

Source and reliance status

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Judgment text

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Court record

Judgment

[2000] JLR 334

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BAILII >> Databases >> Jersey Law Reports >> C v D [2000] JLR 334 (19 September 2000) URL: https://www.bailii.org/je/cases/JLR/2000/JLR000334.html Cite as: [2000] JLR 334 [ New search ] [ Help ] C v D 2000 JLR 334 (19 September 2000) Family Law - children - access - interests of child paramount-access to be ordered unless strong reasons against, e.g. mother so traumatized by violence of father that order harmful to family The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2000 JLR 334 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2000/JLR000334.html

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