C -v- D (Family) [2015] JRC 190A (16 September 2015)

C -v- D (Family) [2015] JRC 190A (16 September 2015)

The father is granted parental responsibility because he has demonstrated commitment and attachment to Tilly, his reasons for applying are genuine, and there is no evidence of risk of misuse or harm to Tilly. The welfare of the child is paramount and granting parental responsibility is in Tilly's best interests. The historic difficulties between the parents are not relevant to the present circumstances, and conditions are imposed to protect the mother.

Citation
[2015] JRC 190A
Parties
Applicant: C; Respondent: D
Jurisdiction
Jersey
Judgment Date
16 September 2015
Procedural Posture
Family / Final Hearing on Application for Contact and Parental Responsibility
Outcome
Application granted
Legal Topics
Parental Responsibility, Child Contact, Welfare of the Child
Family Law Parental Responsibility Child Contact Welfare of the Child

Case Brief

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Parties

C

Applicant

D

Respondent

Procedural Posture

Family / Final Hearing on Application for Contact and Parental Responsibility

Legal Issues

  1. 1 Whether the father should be granted parental responsibility for Tilly
  2. 2 Whether granting parental responsibility is in the best interests of the child

Ratio Decidendi

The father is granted parental responsibility because he has demonstrated commitment and attachment to Tilly, his reasons for applying are genuine, and there is no evidence of risk of misuse or harm to Tilly. The welfare of the child is paramount and granting parental responsibility is in Tilly's best interests. The historic difficulties between the parents are not relevant to the present circumstances, and conditions are imposed to protect the mother.

Court Disposition

Application granted

Orders

  • Father granted parental responsibility for Tilly
  • Father's undertaking not to attend mother's flat remains in force unless parties agree otherwise