In re C v [2009] JLR 353 (14 October 2009)

In re C v [2009] JLR 353 (14 October 2009)

A child subject to physical chastisement resulting in the criminal prosecution of a parent is suffering significant harm, and the statutory threshold for a care order is met if harm existed at the time protective measures were first implemented.

Citation
[2009] JLR 353
Parties
Child: C; Parent: Unknown Parent
Jurisdiction
Jersey
Judgment Date
14 October 2009
Procedural Posture
Family Law Children / Application for Care Order
Outcome
care order granted
Legal Topics
Care Order, Statutory Threshold Criteria, Significant Harm, Physical Chastisement
Family Law Child Protection Care Order Statutory Threshold Criteria Significant Harm Physical Chastisement

Case Brief

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Parties

C

Child

Unknown Parent

Parent

Procedural Posture

Family Law Children / Application for Care Order

Legal Issues

  1. 1 Whether the statutory threshold criteria for making a care order under Children (Jersey) Law 2002, art. 24 are met
  2. 2 Whether the child is suffering or likely to suffer significant harm

Ratio Decidendi

A child subject to physical chastisement resulting in the criminal prosecution of a parent is suffering significant harm, and the statutory threshold for a care order is met if harm existed at the time protective measures were first implemented.

Court Disposition

care order granted

Orders

  • Care order made under Children (Jersey) Law 2002, art. 24