In re D v [2011] JLR 220 (27 May 2011)
- Citation
- [2011] JLR 220
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Family Law Children / Post Care Order
More details
- Posture
- Family Law Children / Post Care Order
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court has no power to make orders for separate representation or appointment of a guardian under art. 75(1)(a) or (b) once a full care order has been made, as the proceedings are concluded.
Court disposition
Application for orders under art. 75(1)(a) or (b) refused.
Orders
- No order for separate representation or appointment of a guardian post-care order.
02
Material facts
Parties
D
Child03
Procedural history
Posture
Family Law Children / Post Care Order
04
Questions and positions
Legal issues
Whether orders for separate representation or appointment of a guardian under Children (Jersey) Law 2002, art. 75(1)(a) or (b) can be made after a full care order has been granted
Party arguments
- Applicant
- Sought orders for separate representation or appointment of a guardian for the child after a full care order had been made.
- Respondent
- Argued that such orders could not be made as the proceedings had concluded with the making of the full care order.
05
Court’s reasoning
Legal principles
- 01
Children (Jersey) Law 2002, art. 75(1)(a)-(b)
Orders under Children (Jersey) Law 2002, art. 75(1)(a) or (b) can only be made in existing proceedings and not after a full care order has been made.
06
Ratio, limits and disposition
Ratio decidendi
The court has no power to make orders for separate representation or appointment of a guardian under art. 75(1)(a) or (b) once a full care order has been made, as the proceedings are concluded.
Obiter and limits
- If contact remains unresolved, a contact application is to be deemed to be made, in which the guardian continues to act.
Court disposition
Application for orders under art. 75(1)(a) or (b) refused.
- No order for separate representation or appointment of a guardian post-care order.
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
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> In re D v [2011] JLR 220 (27 May 2011) URL: https://www.bailii.org/je/cases/JLR/2011/JLR110220.html Cite as: [2011] JLR 220 [ New search ] [ Help ] In re D v 2011 JLR 220 (27 May 2011) Family Law-children-guardians-orders under Children (Jersey) Law 2002, art. 75(1)(a) (separate representation for child) or (b) (appointing person to assist and befriend child) only made in existing proceedings-no power to make them once full care order made, as proceedings concluded-if contact unresolved, contact application to be deemed to be made (in which guardian continues to act) 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: 2011 JLR 220 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2011/JLR110220.html
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