In the matter of C [2010] JRC 041 (18 February 2010)

In the matter of C [2010] JRC 041 (18 February 2010)

A shared residence order is appropriate to emphasise both parents' equal importance in the child's life, notwithstanding the court welfare officer's contrary recommendation, and the current contact arrangements should remain unchanged for stability.

Citation
[2010] JRC 041
Parties
Applicant: Father; Respondent: Mother
Jurisdiction
Jersey
Judgment Date
18 February 2010
Procedural Posture
Parental Responsibility and Residence/contact Application / Judgment After Submissions and Welfare Report
Outcome
Shared residence order granted; contact arrangements unchanged; no off-island travel for the child with the father during 2010; no order as to costs.
Legal Topics
Parental Responsibility, Shared Residence, Child Contact, Jurisdiction to Remove Child

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Parties

Father

Applicant

Mother

Respondent

Procedural Posture

Parental Responsibility and Residence/contact Application / Judgment After Submissions and Welfare Report

  1. 1 Whether to grant shared residence order
  2. 2 Appropriate contact arrangements for the child
  3. 3 Whether to allow the father to take the child off-island during 2010

Ratio Decidendi

A shared residence order is appropriate to emphasise both parents' equal importance in the child's life, notwithstanding the court welfare officer's contrary recommendation, and the current contact arrangements should remain unchanged for stability.

Court Disposition

Shared residence order granted; contact arrangements unchanged; no off-island travel for the child with the father during 2010; no order as to costs.

Orders

  • Shared residence order made.
  • Contact arrangements to remain as previously ordered (child to be returned Sunday evening).