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

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

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.

Citation
[2000] JLR 334
Parties
Applicant: C; Respondent: D
Jurisdiction
Jersey
Judgment Date
19 September 2000
Procedural Posture
Family Law / Judgment
Outcome
Access may be denied if strong reasons exist, such as harm to the family from trauma caused by violence.
Legal Topics
Child Access, Paramountcy of Child's Interests, Domestic Violence
Family Law Child Access Paramountcy of Child's Interests Domestic Violence

Case Brief

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Parties

C

Applicant

D

Respondent

Procedural Posture

Family Law / Judgment

Legal Issues

  1. 1 Whether access should be granted to a parent when the child's interests are paramount
  2. 2 Whether access should be denied due to trauma caused to the other parent by the applicant's violence

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.