In the matter of YY [2010] JRC 118A (29 June 2010)

In the matter of YY [2010] JRC 118A (29 June 2010)

The paramount consideration is the welfare of the children, and delay is likely to prejudice their welfare. There is no identified detriment to the children in proceeding with the family hearing now, and the proposed delay is not for their benefit. The outcome of the criminal proceedings will not affect the welfare officer's recommendation for indirect contact. Therefore, the application to adjourn is refused.

Citation
[2010] JRC 118A
Parties
Applicant: Father; Respondent: Mother
Jurisdiction
Jersey
Judgment Date
29 June 2010
Procedural Posture
Family Law Contact Application / Interlocutory Application for Adjournment Prior to Final Contact Hearing
Outcome
Application for adjournment refused
Legal Topics
Contact Orders, Adjournment, Delay in Proceedings, Domestic Violence, Deportation
Family Law Child Welfare Contact Orders Adjournment Delay in Proceedings Domestic Violence Deportation

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Parties

Father

Applicant

Mother

Respondent

Procedural Posture

Family Law Contact Application / Interlocutory Application for Adjournment Prior to Final Contact Hearing

Legal Issues

  1. 1 Whether the final contact hearing should be adjourned pending the outcome of the father's criminal proceedings and possible deportation
  2. 2 Whether delay would prejudice the welfare of the children

Ratio Decidendi

The paramount consideration is the welfare of the children, and delay is likely to prejudice their welfare. There is no identified detriment to the children in proceeding with the family hearing now, and the proposed delay is not for their benefit. The outcome of the criminal proceedings will not affect the welfare officer's recommendation for indirect contact. Therefore, the application to adjourn is refused.

Court Disposition

Application for adjournment refused

Orders

  • Final contact hearing to proceed as scheduled