In the matter of Barbara (Care order) [2015] JRC 234 (19 November 2015)

In the matter of Barbara (Care order) [2015] JRC 234 (19 November 2015)

There is no family member able to care for Barbara, and long-term foster care is not appropriate. Adoption is necessary for her welfare, and parental consent is withheld unreasonably. The threshold criteria under Article 24(2) of the Children (Jersey) Law 2002 are met. The Court grants a final care order and an order freeing Barbara for adoption, dispensing with parental consent.

Citation
[2015] JRC 234
Parties
Applicant: Minister; Subject Child: Barbara; First Respondent: Mother; Second Respondent: Father; Fourth Respondents: Mr and Mrs E
Jurisdiction
Jersey
Judgment Date
19 November 2015
Procedural Posture
Care and Adoption Application / Final Judgment
Outcome
Application granted.
Legal Topics
Care Orders, Adoption, Parental Consent, Child Welfare, Threshold Criteria
Family Law Child Protection Adoption Law Care Orders Adoption Parental Consent Child Welfare Threshold Criteria

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Parties

Minister

Applicant

Barbara

Subject Child

Mother

First Respondent

Father

Second Respondent

Mr and Mrs E

Fourth Respondents

Procedural Posture

Care and Adoption Application / Final Judgment

Legal Issues

  1. 1 Whether a final care order and an order freeing Barbara for adoption should be granted
  2. 2 Whether parental consent to adoption should be dispensed with as being withheld unreasonably

Ratio Decidendi

There is no family member able to care for Barbara, and long-term foster care is not appropriate. Adoption is necessary for her welfare, and parental consent is withheld unreasonably. The threshold criteria under Article 24(2) of the Children (Jersey) Law 2002 are met. The Court grants a final care order and an order freeing Barbara for adoption, dispensing with parental consent.

Court Disposition

Application granted.

Orders

  • Final care order granted.
  • Order freeing Barbara for adoption granted.