In re A (Care Order) v [2012] 2 JLR 276 (12 October 2012)
- Citation
- [2012] 2 JLR 276
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Care Order / Judgment
More details
- Posture
- Care Order / Judgment
On this page
Professional case brief
Research organized from the available case record
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
ApplicantA
Child/respondent03
Procedural history
Posture
Care Order / Judgment
04
Questions and positions
Legal issues
- 01
Whether the Minister may apply for a contact order under Article 10(1) of the Children (Jersey) Law 2002
- 02
Whether the court may make a contact order at its own instance under Article 10(2)(b) if there is no suitable applicant
- 03
Whether it is appropriate for the Minister to seek private law remedies
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
Legal principles
- 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).
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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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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