F v S [1997] JLR 160 (30 June 1997)

F v S [1997] JLR 160 (30 June 1997)

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.

Citation
[1997] JLR 160
Parties
Applicant: F; Respondent: S
Jurisdiction
Jersey
Judgment Date
30 June 1997
Procedural Posture
Family Law Children Access / Judgment
Outcome
Access to non-custodial parent may be denied in the short-term under specified circumstances.
Legal Topics
Child Access, Non Custodial Parent Rights, Emotional Well Being of Child
Family Law Child Access Non Custodial Parent Rights Emotional Well Being of Child

Case Brief

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Parties

F

Applicant

S

Respondent

Procedural Posture

Family Law Children Access / Judgment

Legal Issues

  1. 1 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
  2. 2 Whether access is less important if the child is very young

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.