J v K (Family) [2019] JRC 237 (10 December 2019)

J v K (Family) [2019] JRC 237 (10 December 2019)

The court determined that the child's welfare is best served by reducing and restructuring contact with the father due to his chronic alcohol misuse, ordering monthly supervised contact and requiring evidence of reduced alcohol use before any increase in contact will be considered.

Citation
[2019] JRC 237
Parties
Applicant: J; Respondent: K
Jurisdiction
Jersey
Judgment Date
10 December 2019
Procedural Posture
Family Law Application to Vary Contact / Final Determination of Cross Applications to Vary Contact
Outcome
Contact reduced and restructured; monthly supervised contact ordered; further applications to increase contact barred pending evidence of reduced alcohol use.
Legal Topics
Child Contact, Alcohol Misuse, Welfare of the Child, Variation of Contact Orders
Family Law Child Contact Alcohol Misuse Welfare of the Child Variation of Contact Orders

Case Brief

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Parties

J

Applicant

K

Respondent

Procedural Posture

Family Law Application to Vary Contact / Final Determination of Cross Applications to Vary Contact

Legal Issues

  1. 1 Whether contact between the child and the father should be varied or limited due to the father's alcohol misuse
  2. 2 What arrangements serve the child's welfare as the paramount consideration

Ratio Decidendi

The court determined that the child's welfare is best served by reducing and restructuring contact with the father due to his chronic alcohol misuse, ordering monthly supervised contact and requiring evidence of reduced alcohol use before any increase in contact will be considered.

Court Disposition

Contact reduced and restructured; monthly supervised contact ordered; further applications to increase contact barred pending evidence of reduced alcohol use.

Orders

  • The child will spend 10am to 3pm with her father on a Sunday once every calendar month, starting 15 December 2019, subject to contact centre availability.
  • Father to collect and drop off child from contact centre; safeguarding portal remains essential.