F v S [1997] JLR 160 (30 June 1997)
- Citation
- [1997] JLR 160
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Family Law Children Access / Judgment
More details
- Posture
- Family Law Children Access / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Access to a non-custodial parent may be denied in the short-term if their violent or uncontrollable temper creates a risk of harm, including indirect emotional harm to the child through the custodial parent's reaction, and access may be less important if the child is very young.
Court disposition
Access to non-custodial parent may be denied in the short-term under specified circumstances.
02
Material facts
Parties
F
ApplicantS
Respondent03
Procedural history
Posture
Family Law Children Access / Judgment
04
Questions and positions
Legal issues
- 01
Whether access to a non-custodial parent may be denied in the short-term due to risk of harm from violent or uncontrollable temper, even if the risk is not direct to the child but affects the emotional well-being through the custodial parent
- 02
Whether access is less important if the child is very young
Party arguments
- Applicant
- Access should not be denied to the non-custodial parent unless there is a direct risk to the child.
- Respondent
- Access should be denied if the non-custodial parent's violent or uncontrollable temper creates a risk of harm, including emotional harm to the child through the custodial parent's reaction.
05
Court’s reasoning
Legal principles
- 01
[1997] JLR 160
Access to a non-custodial parent may be denied in the short-term if a violent or uncontrollable temper creates a risk of harm, even if not a direct risk to the child but a risk that the child's emotional well-being is damaged by the reaction of the custodial parent.
06
Ratio, limits and disposition
Ratio decidendi
Access to a non-custodial parent may be denied in the short-term if their violent or uncontrollable temper creates a risk of harm, including indirect emotional harm to the child through the custodial parent's reaction, and access may be less important if the child is very young.
Court disposition
Access to non-custodial parent may be denied in the short-term under specified circumstances.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> F v S [1997] JLR 160 (30 June 1997) URL: https://www.bailii.org/je/cases/JLR/1997/JLR970160.html Cite as: [1997] JLR 160 [ New search ] [ Help ] F v S 1997 JLR 160 (30 June 1997) Family Law - children - access - access to non-custodial parent may be denied in short-term if, e.g. violent, uncontrollable temper creates risk of harm, even if not direct risk to child but risk that emotional well-being damaged by reaction of custodial parent-access may be less important if child very young The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1997 JLR 160 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1997/JLR970160.html
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