In the matter of DD (Care Order) [2012] JRC 135 (12 July 2012)

In the matter of DD (Care Order) [2012] JRC 135 (12 July 2012)

The threshold for a care order was met due to significant emotional and physical harm caused by the Mother's conduct, attributable to untreated psychiatric illness. The welfare of the children required a residence order in favour of the Father and prohibited steps orders against the Mother to prevent further harm. The Mother must obtain leave of the Court before initiating private law proceedings, contingent on psychiatric assessment and evidence of improvement.

Citation
[2012] JRC 135
Parties
First Respondent: Mother; Second Respondent: Father; Applicant: Minister; Guardian: Children's Guardian; Amicus Curiae for Mother: Advocate Heath
Jurisdiction
Jersey
Judgment Date
12 July 2012
Procedural Posture
Public Law Children Proceedings / Final Judgment
Outcome
Residence order in favour of the Father; interim care order discharged; prohibited steps orders made against the Mother; Mother requires leave of Court to initiate private law proceedings.
Legal Topics
Care Orders, Residence Orders, Prohibited Steps Orders, Threshold Criteria, Parental Responsibility, Mental Health Assessment, Welfare Checklist
Family Law Child Protection Mental Health Law Care Orders Residence Orders Prohibited Steps Orders Threshold Criteria Parental Responsibility +2 more

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Parties

Mother

First Respondent

Father

Second Respondent

Minister

Applicant

Children's Guardian

Guardian

Advocate Heath

Amicus Curiae for Mother

Procedural Posture

Public Law Children Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the threshold for a care order is met under Children (Jersey) Law 2002
  2. 2 Whether a residence order and prohibited steps orders should be made in favour of the Father
  3. 3 Whether the Mother should require leave of the Court to initiate private law proceedings

Ratio Decidendi

The threshold for a care order was met due to significant emotional and physical harm caused by the Mother's conduct, attributable to untreated psychiatric illness. The welfare of the children required a residence order in favour of the Father and prohibited steps orders against the Mother to prevent further harm. The Mother must obtain leave of the Court before initiating private law proceedings, contingent on psychiatric assessment and evidence of improvement.

Court Disposition

Residence order in favour of the Father; interim care order discharged; prohibited steps orders made against the Mother; Mother requires leave of Court to initiate private law proceedings.

Orders

  • Residence order in favour of the Father for B, A, and DD.
  • Prohibited steps orders prohibiting the Mother from direct or indirect contact, approaching within 50 metres of children's home and schools.