In the matter of Freya (Child access) [2015] JRC 002 (07 January 2015)

In the matter of Freya (Child access) [2015] JRC 002 (07 January 2015)

Despite the regrettable incident involving indecent images on the father's phone, there is no sufficient basis to deprive Freya of contact with her father, which she enjoys and wishes to continue. The mother's implacable opposition and past interference create a real risk to the relationship if no order is made. The welfare of Freya is best served by making a final order for contact, as proposed by the guardian, rather than making no order.

Citation
[2015] JRC 002
Parties
Petitioner: the father; First Respondent: the mother; Guardian: the guardian
Jurisdiction
Jersey
Judgment Date
07 January 2015
Procedural Posture
Child Contact Application / Final Hearing
Outcome
final order for contact granted
Legal Topics
Child Contact, Welfare of the Child, No Order Principle, Parental Responsibility
Family Law Child Law Child Contact Welfare of the Child No Order Principle Parental Responsibility

Case Brief

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Parties

the father

Petitioner

the mother

First Respondent

the guardian

Guardian

Procedural Posture

Child Contact Application / Final Hearing

Legal Issues

  1. 1 Whether a final order for contact between Freya and the father should be made
  2. 2 Whether the father's conduct justifies restricting or terminating contact

Ratio Decidendi

Despite the regrettable incident involving indecent images on the father's phone, there is no sufficient basis to deprive Freya of contact with her father, which she enjoys and wishes to continue. The mother's implacable opposition and past interference create a real risk to the relationship if no order is made. The welfare of Freya is best served by making a final order for contact, as proposed by the guardian, rather than making no order.

Court Disposition

final order for contact granted

Orders

  • The father shall have unsupervised contact with Freya, as agreed between the mother and the father, taking into account Freya's wishes, not less than six hours a week unless agreed by the father.
  • No order as to contact between the father and Isla.