Jersey Judgment

In re A (Care Order) v [2012] 2 JLR 276 (12 October 2012)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The Minister is prohibited from applying for a contact order under Article 10(1), but the court may make such an order at its own instance if it is in the child's interests and there is no suitable applicant.

Court disposition

Minister prohibited from applying for contact order; court may make order at own instance if in child's interests.

02

Material facts

Parties

Minister

Applicant

A

Child/respondent

03

Procedural history

  1. Posture

    Care Order / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The Minister seeks to apply for a contact order under Article 10(1) of the Children (Jersey) Law 2002.
Respondent
Concern is raised as to whether it is appropriate for the Minister to seek private law remedies under Article 10.

05

Court’s reasoning

  1. 01

    Children (Jersey) Law 2002, Article 11(2)

    Article 11(2) of the Children (Jersey) Law 2002 prohibits the Minister from applying for a contact order under Article 10(1).

  2. 02

    Children (Jersey) Law 2002, Article 10(2)(b)

    If there is no suitable applicant, the court may make a contact order at its own instance under Article 10(2)(b) if it is in the child's interests.

06

Ratio, limits and disposition

Ratio decidendi

The Minister is prohibited from applying for a contact order under Article 10(1), but the court may make such an order at its own instance if it is in the child's interests and there is no suitable applicant.

Obiter and limits

  • There is concern as to whether it is appropriate for the Minister to seek private law remedies under Article 10.

Court disposition

Minister prohibited from applying for contact order; court may make order at own instance if in child's interests.

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2012] 2 JLR 276

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BAILII >> Databases >> Jersey Law Reports >> In re A (Care Order) v [2012] 2 JLR 276 (12 October 2012) URL: https://www.bailii.org/je/cases/JLR/2012/JLR122276.html Cite as: [2012] 2 JLR 276 [ New search ] [ Help ] In re A (Care Order) v 2012 (2) JLR 276 (12 October 2012) Family Law-children-contact order-Children (Jersey) Law 2002, art. 11(2) prohibits Minister applying for contact order under art. 10(1)-if no suitable applicant, court may make order at own instance under art. 10(2)(b) if in child's interests-concern whether appropriate for Minister to seek private law remedies under art. 10 The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2012 (2) JLR 276 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2012/JLR122276.html

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Children (Jersey) Law 2002, Article 10(1)

Legislation

Legislation referenced in the available case record.

Children (Jersey) Law 2002, Article 10(2)(b)

Legislation

Legislation referenced in the available case record.

Children (Jersey) Law 2002, Article 11(2)

Legislation

Legislation referenced in the available case record.

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