F v B [2002] JRC 121 (27 June 2002)

F v B [2002] JRC 121 (27 June 2002)

There is insufficient proof of physical violence or black magic by F against D. The welfare of the child is paramount, and there are no exceptional circumstances justifying a complete denial of access. Supervised access is appropriate to balance the child's welfare and parental contact rights, with safeguards in place.

Citation
[2002] JRC 121
Parties
Applicant: F; Respondent: B; Child: D; Child: J
Jurisdiction
Jersey
Judgment Date
27 June 2002
Procedural Posture
Family Law Child Access Application / Judgment on Application for Supervised Access
Outcome
Application for supervised access granted in part
Legal Topics
Child Access, Supervised Contact, Domestic Violence Allegations, Welfare of the Child
Family Law Child Welfare Child Access Supervised Contact Domestic Violence Allegations Welfare of the Child

Case Brief

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Parties

F

Applicant

B

Respondent

D

Child

J

Child

Procedural Posture

Family Law Child Access Application / Judgment on Application for Supervised Access

Legal Issues

  1. 1 Whether F should be granted supervised access to his daughter D
  2. 2 Whether allegations of physical abuse and black magic by F justify denying access
  3. 3 What arrangements best serve the welfare of the child D

Ratio Decidendi

There is insufficient proof of physical violence or black magic by F against D. The welfare of the child is paramount, and there are no exceptional circumstances justifying a complete denial of access. Supervised access is appropriate to balance the child's welfare and parental contact rights, with safeguards in place.

Court Disposition

Application for supervised access granted in part

Orders

  • F is permitted supervised access to D for three months, one afternoon per fortnight for two hours, supervised by Mrs Barbara Frost.
  • F must pay for Mrs Frost's services in advance of each session.