K and L (Family) [2021] JRC 216 (11 August 2021)
The court found it imperative to bestow parental responsibility and, given the applicants' preference and the Child's welfare, appointed K and L jointly as guardians under article 7 of the Children (Jersey) Law 2002. The court determined it had the power to make a joint appointment and that this would best serve the Child's interests.
- Citation
- [2021] JRC 216
- Parties
- Applicant: K; Applicant: L; Interested Party: Minister for Children and Education; Interested Party: Child's father
- Jurisdiction
- Jersey
- Judgment Date
- 11 August 2021
- Procedural Posture
- Guardianship Application / Final Determination
- Outcome
- application granted
- Legal Topics
- Guardianship, Residence Orders, Parental Responsibility
Case Brief
Summary, issues, holding and outcome
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Parties
K
Applicant
L
Applicant
Minister for Children and Education
Interested Party
Child's father
Interested Party
Procedural Posture
Guardianship Application / Final Determination
Legal Issues
- 1 Whether to appoint joint guardians under article 7 or make a shared residence order under article 10 of the Children (Jersey) Law 2002
- 2 Whether the applicants are fit and proper persons to be appointed as guardians
- 3 Whether the Child's welfare is best served by the order sought
Ratio Decidendi
The court found it imperative to bestow parental responsibility and, given the applicants' preference and the Child's welfare, appointed K and L jointly as guardians under article 7 of the Children (Jersey) Law 2002. The court determined it had the power to make a joint appointment and that this would best serve the Child's interests.
Court Disposition
application granted
Orders
- K and L are jointly appointed as guardians for the Child under article 7 of the Children (Jersey) Law 2002
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