D v E (Family) 19 Dec 2022 [2022] JRC 299 (19 December 2022)

D v E (Family) 19 Dec 2022 [2022] JRC 299 (19 December 2022)

Father does not present a risk to the children and is capable of meeting their needs; contact should not be unnecessarily restricted. Progression to overnight contact and holiday contact, including in England, is in the children's best interests and should commence immediately, contrary to mother's proposal and JFCAS recommendation for further delay.

Citation
[2022] JRC 299
Parties
Applicant: D; Respondent: E
Jurisdiction
Jersey
Judgment Date
19 December 2022
Procedural Posture
Family Residence and Contact Application / Final Hearing and Judgment
Outcome
Final residence order in favour of mother; contact order in favour of father with immediate progression to overnight and holiday contact, including in England from summer 2023.
Legal Topics
Residence Orders, Contact Orders, Child Welfare, Jurisdiction, Adoption
Family Law Residence Orders Contact Orders Child Welfare Jurisdiction Adoption

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Parties

D

Applicant

E

Respondent

Procedural Posture

Family Residence and Contact Application / Final Hearing and Judgment

Legal Issues

  1. 1 Determination of residence and contact arrangements for adopted children
  2. 2 Assessment of risk posed by father
  3. 3 Jurisdiction of Jersey Royal Court

Ratio Decidendi

Father does not present a risk to the children and is capable of meeting their needs; contact should not be unnecessarily restricted. Progression to overnight contact and holiday contact, including in England, is in the children's best interests and should commence immediately, contrary to mother's proposal and JFCAS recommendation for further delay.

Court Disposition

Final residence order in favour of mother; contact order in favour of father with immediate progression to overnight and holiday contact, including in England from summer 2023.

Orders

  • Overnight contact in Jersey at least once in January and February 2023, not limited to 24 hours.
  • Monthly contact from March 2023, Friday afternoon to Sunday afternoon, extendable to 3 nights for bank holidays or inset days.