In the matter of AB [2009] JRC 207 (03 November 2009)

In the matter of AB [2009] JRC 207 (03 November 2009)

The court found no evidence of immediate risk to the children in the mother's care, and determined that the father's removal of the children was based on misrepresentation of advice from the Children's Service and the police. The best interests of the children required immediate reinstatement of the status quo by returning them to the mother.

Citation
[2009] JRC 207
Parties
Applicant/mother: AB; Respondent/father: EB
Jurisdiction
Jersey
Judgment Date
03 November 2009
Procedural Posture
Urgent Application for Return of Children / Interlocutory/urgent Hearing
Outcome
Application granted; children returned to the mother.
Legal Topics
Child Removal, Parental Responsibility, Welfare of the Child, Urgent Interim Orders
Family Law Child Custody Child Removal Parental Responsibility Welfare of the Child Urgent Interim Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

AB

Applicant/mother

EB

Respondent/father

Procedural Posture

Urgent Application for Return of Children / Interlocutory/urgent Hearing

Legal Issues

  1. 1 Whether the removal of the children by the father was lawful
  2. 2 Whether the welfare of the children required their immediate return to the mother
  3. 3 Whether there was any immediate risk of significant harm to the children in the mother's care

Ratio Decidendi

The court found no evidence of immediate risk to the children in the mother's care, and determined that the father's removal of the children was based on misrepresentation of advice from the Children's Service and the police. The best interests of the children required immediate reinstatement of the status quo by returning them to the mother.

Court Disposition

Application granted; children returned to the mother.

Orders

  • C to be handed over by the school to the mother the next day.
  • The Viscount, with police and the maternal grandmother, to secure the return of D the same morning.