A v Minister for Health and Social Services [2008] JRC 104 (03 July 2008)

The residence order was granted because the child was settled and thriving in the care of his great aunt, neither parent opposed the application, and it was in the child's best interests to remain with her, supported by the extended family. The great aunt required legal locus to ensure ongoing stability.

Citation: [2008] JRC 104
Parties: Applicant: Great Aunt; First Respondent: Mother; Second Respondent: Father
Jurisdiction: Jersey
Judgment Date: 03 July 2008
Procedural Posture: Residence Order Application / Judgment After Hearing
Outcome: residence order granted to great aunt; interim care order discharged
Legal Topics: Residence Order, Parental Responsibility, Child Protection, Care Orders

Family Law Child Welfare Residence Order Parental Responsibility Child Protection Care Orders

Case Brief

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Parties

Great Aunt

Applicant

Mother

First Respondent

Father

Second Respondent

Procedural Posture

Residence Order Application / Judgment After Hearing

Legal Issues

1 Whether a residence order should be granted to the great aunt under Article 10 of the Children (Jersey) Law 2002
2 Whether removal from biological parents is justified by compelling reasons

Ratio Decidendi

Court Disposition

residence order granted to great aunt; interim care order discharged

Orders

Residence order made in favour of the great aunt under Article 10 of the Children (Jersey) Law 2002
Great aunt to have parental responsibility for the child for the duration of the residence order