I v J (Matrimonial) [2018] JRC 144A (13 August 2018)

I v J (Matrimonial) [2018] JRC 144A (13 August 2018)

The court determined that interim shared residence is in the child's best interests, given the ongoing parental conflict, the child's love for both parents, and the risk of emotional harm from removing contact with the mother. The court followed the recommendation of the JFCAS officer, Mr Langford, over the psychologist's proposal for sole residence with the father and restricted contact with the mother.

Citation
[2018] JRC 144A
Parties
Petitioner: I; Respondent: J
Jurisdiction
Jersey
Judgment Date
13 August 2018
Procedural Posture
Matrimonial / Interim Residence Application
Outcome
interim shared residence order granted
Legal Topics
Child Residence, Shared Care, Parental Responsibility, Interim Orders
Family Law Child Residence Shared Care Parental Responsibility Interim Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

I

Petitioner

J

Respondent

Procedural Posture

Matrimonial / Interim Residence Application

Legal Issues

  1. 1 Whether sole interim residence should be granted to the father or shared residence ordered
  2. 2 Impact of parental conflict on child's welfare
  3. 3 Appropriateness of restricting contact with mother

Ratio Decidendi

The court determined that interim shared residence is in the child's best interests, given the ongoing parental conflict, the child's love for both parents, and the risk of emotional harm from removing contact with the mother. The court followed the recommendation of the JFCAS officer, Mr Langford, over the psychologist's proposal for sole residence with the father and restricted contact with the mother.

Court Disposition

interim shared residence order granted

Orders

  • Interim shared residence as per Appendix A split of days agreed by parties
  • No changes to routine unless jointly agreed 24 hours in advance or emergency