Jersey Judgment

In re B v [1985] JLR 360 (05 August 1986)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court has no power to revoke the care order and consent to adoption in England due to statutory limitations and absence of English legislative provision for adoption of a Jersey child.

Court disposition

Application refused

Orders

  • No revocation of care order
  • No consent to adoption in England granted

02

Material facts

Parties

B

Child

03

Procedural history

  1. Posture

    Family Law Children Care Order / Application for Revocation and Variation of Care Order

04

Questions and positions

Legal issues

Whether the court has power to revoke a care order and consent to adoption in England under the Children (Jersey) Law, 1969

Party arguments

Applicant
Application for revocation of care order and for consent to adoption in England.
Respondent
Opposed on the basis that the court's powers are limited by Children (Jersey) Law, 1969, art. 30(9) and there is no English legislative provision for adoption of a Jersey child.

05

Court’s reasoning

  1. 01

    Children (Jersey) Law, 1969, art. 30(9)

    Court's powers following revocation of a care order are limited by Children (Jersey) Law, 1969, art. 30(9), even if application is made under art. 30(7).

  2. 02

    Children (Jersey) Law, 1969

    No power to revoke order and consent to adoption in England, particularly since no English legislative provision for adoption of Jersey child exists.

06

Ratio, limits and disposition

Ratio decidendi

The court has no power to revoke the care order and consent to adoption in England due to statutory limitations and absence of English legislative provision for adoption of a Jersey child.

Court disposition

Application refused

  • No revocation of care order
  • No consent to adoption in England granted

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

[1985] JLR 360

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BAILII >> Databases >> Jersey Law Reports >> In re B v [1985] JLR 360 (05 August 1986) URL: https://www.bailii.org/je/cases/JLR/1986/JLR850360.html Cite as: [1985] JLR 360 [ New search ] [ Help ] In re B v 1985 JLR 360 (05 August 1986) Family Law - children - care order - revocation and variation-court's powers following revocation limited by Children (Jersey) Law, 1969, art. 30(9) even if application for revocation made under art. 30(7)-no power to revoke order and consent to adoption in England, particularly since no English legislative provision for adoption of Jersey child 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: 1985 JLR 360 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1986/JLR850360.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, 1969, art. 30(7)

Legislation

Legislation referenced in the available case record.

Children (Jersey) Law, 1969, art. 30(9)

Legislation

Legislation referenced in the available case record.

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