Knight v Elwell [1976] JJ 391 (11 June 1976)

Knight v Elwell [1976] JJ 391 (11 June 1976)

Parental disagreement on a child's education is not an 'exceptional circumstance' under the Children (Jersey) Law 1969, art. 53, and does not justify a care order; the parent with custody retains the right to determine the child's education, subject to the other parent's right to apply to court.

Citation
[1976] JJ 391
Parties
Applicant: Knight; Respondent: Elwell
Jurisdiction
Jersey
Judgment Date
11 June 1976
Procedural Posture
Family Law / Judgment
Outcome
application for care order refused
Legal Topics
Child Custody, Child Education, Parental Rights
Family Law Child Custody Child Education Parental Rights

Case Brief

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Parties

Knight

Applicant

Elwell

Respondent

Procedural Posture

Family Law / Judgment

Legal Issues

  1. 1 Whether a parent with custody has the right to determine a child's education subject to the other parent's right to apply to court
  2. 2 Whether parental disagreement on a child's education constitutes 'exceptional circumstances' under Children (Jersey) Law 1969, art. 53

Ratio Decidendi

Parental disagreement on a child's education is not an 'exceptional circumstance' under the Children (Jersey) Law 1969, art. 53, and does not justify a care order; the parent with custody retains the right to determine the child's education, subject to the other parent's right to apply to court.

Court Disposition

application for care order refused