In the matter of D (Care order) [2014] JRC 134 (19 June 2014)

In the matter of D (Care order) [2014] JRC 134 (19 June 2014)

Proceedings under the Children (Jersey) Law 2003 may be struck out only under the Court's inherent jurisdiction, not under Royal Court Rules 2004. The threshold for striking out is extremely high in child welfare cases, and D's application is not so obviously doomed to failure as to warrant strike out without a hearing.

Citation
[2014] JRC 134
Parties
Applicant: D; First Respondent: Minister; Second Respondent: Father
Jurisdiction
Jersey
Judgment Date
19 June 2014
Procedural Posture
Application to Discharge Care Order / Application to Strike Out
Outcome
application to strike out refused
Legal Topics
Care Orders, Discharge of Care Orders, Inherent Jurisdiction, Strike Out Applications
Family Law Child Welfare Care Orders Discharge of Care Orders Inherent Jurisdiction Strike Out Applications

Case Brief

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Parties

D

Applicant

Minister

First Respondent

Father

Second Respondent

Procedural Posture

Application to Discharge Care Order / Application to Strike Out

Legal Issues

  1. 1 Does the Royal Court Rules 2004 apply to proceedings under the Children (Jersey) Law 2003?
  2. 2 Does the Court have inherent jurisdiction to strike out applications in child welfare proceedings?
  3. 3 Should D's application to discharge the care order be struck out as frivolous, vexatious, or an abuse of process?

Ratio Decidendi

Proceedings under the Children (Jersey) Law 2003 may be struck out only under the Court's inherent jurisdiction, not under Royal Court Rules 2004. The threshold for striking out is extremely high in child welfare cases, and D's application is not so obviously doomed to failure as to warrant strike out without a hearing.

Court Disposition

application to strike out refused

Orders

  • Guardian appointed for D's discharge application
  • Ms Leonora Green appointed as guardian