In re D (Care Order) v [2013] 2 JLR 119 (29 May 2013)
- Citation
- [2013] 2 JLR 119
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Care Order / Interim Order
More details
- Posture
- Care Order / Interim Order
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that an interim care order is justified if there are reasonable grounds to believe the child is suffering or likely to suffer significant harm, and the child's welfare is the paramount consideration, in accordance with the Children (Jersey) Law 2002 and ECHR jurisprudence.
Court disposition
Interim care order granted
Orders
- Interim care order made in respect of child D
02
Material facts
Parties
D
ChildUnknown Applicant (likely States of Jersey or Child Services)
Applicant03
Procedural history
Posture
Care Order / Interim Order
04
Questions and positions
Legal issues
- 01
Whether interim care order should be made for child D
- 02
Whether there are reasonable grounds to believe the child is suffering or likely to suffer significant harm
- 03
Application of the 'no order' principle and welfare checklist under Children (Jersey) Law 2002, art. 2(1)
- 04
Consideration of ECHR, art. 8 rights
Party arguments
- Applicant
- The applicant contended that there were reasonable grounds to believe the child was suffering or likely to suffer significant harm, justifying an interim care order.
- Respondent
- The respondent argued that the court should consider the 'no order' principle, the welfare checklist, and the child's rights under ECHR, art. 8, emphasizing that the child's welfare is paramount.
05
Court’s reasoning
Legal principles
- 01
Children (Jersey) Law 2002, art. 2(1)
Interim care order may be made if the court is satisfied on the balance of probabilities that there are reasonable grounds to believe the child is suffering or likely to suffer significant harm.
- 02
Children (Jersey) Law 2002, art. 2(1); ECHR, art. 8
The court must consider the 'no order' principle, the welfare checklist, and the child's welfare as the paramount consideration.
06
Ratio, limits and disposition
Ratio decidendi
The court held that an interim care order is justified if there are reasonable grounds to believe the child is suffering or likely to suffer significant harm, and the child's welfare is the paramount consideration, in accordance with the Children (Jersey) Law 2002 and ECHR jurisprudence.
Obiter and limits
- The child's ECHR, art. 8 rights prevail in care order proceedings.
Court disposition
Interim care order granted
- Interim care order made in respect of child D
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 D (Care Order) v [2013] 2 JLR 119 (29 May 2013) URL: https://www.bailii.org/je/cases/JLR/2013/JLR132119.html Cite as: [2013] 2 JLR 119 [ New search ] [ Help ] In re D (Care Order) v 2013 (2) JLR 119 (29 May 2013) Family Law-children-care order-interim care order-made if court satisfied on balance of probabilities that reasonable grounds to believe child suffering or likely to suffer significant harm-court to consider "no order" principle; European Convention on Human Rights; and welfare checklist in Children (Jersey) Law 2002, art. 2(1)-child's welfare paramount consideration (accords with ECHR jurisprudence that child's ECHR, art. 8 rights prevail) 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: 2013 (2) JLR 119 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2013/JLR132119.html
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