In the matter of H [2010] JRC 090 (18 May 2010)

In the matter of H [2010] JRC 090 (18 May 2010)

Disclosure of the documents is granted as it is in the interests of C and D for the experts and Court to be fully informed about the broader family background. No compelling prejudice or confidentiality concern outweighs the benefit to the children.

Citation
[2010] JRC 090
Parties
Applicant: Guardian of C and D; Supporter: Minister; Respondent: B; Respondent: A
Jurisdiction
Jersey
Judgment Date
18 May 2010
Procedural Posture
Application for Disclosure in Family Proceedings / Judgment on Application
Outcome
Application granted with qualification.
Legal Topics
Disclosure of Documents, Confidentiality in Children's Cases, Welfare of Children
Family Law Child Protection Disclosure of Documents Confidentiality in Children's Cases Welfare of Children

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Parties

Guardian of C and D

Applicant

Minister

Supporter

B

Respondent

A

Respondent

Procedural Posture

Application for Disclosure in Family Proceedings / Judgment on Application

Legal Issues

  1. 1 Should certain documents from earlier public law proceedings be disclosed in current proceedings concerning C and D?
  2. 2 Does disclosure prejudice confidentiality or frankness in children's cases?
  3. 3 Is disclosure in the interests of the children?

Ratio Decidendi

Disclosure of the documents is granted as it is in the interests of C and D for the experts and Court to be fully informed about the broader family background. No compelling prejudice or confidentiality concern outweighs the benefit to the children.

Court Disposition

Application granted with qualification.

Orders

  • Disclosure of the four documents to the Guardian and her legal adviser is ordered, subject to a 14-day delay to allow authors of the reports to object if they wish.
  • Counsel for the Minister is requested to contact the authors and inform them of the judgment and proposed disclosure.