In the matter of Tommy (Care order) [2015] JRC 029 (10 February 2015)

In the matter of Tommy (Care order) [2015] JRC 029 (10 February 2015)

The care order is made because the threshold criteria under Article 24(2)(b)(i) of the Children (Jersey) Law 2002 are met: Tommy suffered or was likely to suffer significant harm attributable to the care given by his mother and grandfather not being what it would be reasonable to expect a parent to give. The harm is not attributable to Tommy being beyond parental control, nor is the order made as a result of any fault on Tommy's part.

Citation
[2015] JRC 029
Parties
Applicant: Minister; First Respondent: Mother; Second Respondent: Grandfather
Jurisdiction
Jersey
Judgment Date
10 February 2015
Procedural Posture
Care Order Application / Final Judgment
Outcome
Final care order granted; care plan approved.
Legal Topics
Care Orders, Threshold Criteria, Parental Responsibility, Welfare of the Child
Family Law Child Protection Care Orders Threshold Criteria Parental Responsibility Welfare of the Child

Case Brief

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Parties

Minister

Applicant

Mother

First Respondent

Grandfather

Second Respondent

Procedural Posture

Care Order Application / Final Judgment

Legal Issues

  1. 1 Whether the threshold criteria for a final care order under Article 24 of the Children (Jersey) Law 2002 are met
  2. 2 Whether the harm or likelihood of harm to the child is attributable to the standard of care or the child being beyond parental control
  3. 3 Appropriate basis for the care order under Article 24(2)(b)(i) or (ii)

Ratio Decidendi

The care order is made because the threshold criteria under Article 24(2)(b)(i) of the Children (Jersey) Law 2002 are met: Tommy suffered or was likely to suffer significant harm attributable to the care given by his mother and grandfather not being what it would be reasonable to expect a parent to give. The harm is not attributable to Tommy being beyond parental control, nor is the order made as a result of any fault on Tommy's part.

Court Disposition

Final care order granted; care plan approved.

Orders

  • Tommy committed into the care of the Minister under a final care order.
  • Care plan for Tommy approved.