In the matter of Spencer and Jay (Care Proceedings) 03-Oct-2019 [2019] JRC 196 (03 October 2019)

In the matter of Spencer and Jay (Care Proceedings) 03-Oct-2019 [2019] JRC 196 (03 October 2019)

Threshold for Care Order and Freeing Order was met due to Mother's long-standing substance and alcohol dependence causing significant harm to children; no practical alternative to freeing Jay for adoption; Residence Order for Spencer is in his best interests.

Citation
[2019] JRC 196
Parties
Applicant: Minister; Parent of Spencer and Jay: First Respondent; Parent of Spencer: Second Respondent; Parent of Jay: Fourth Respondent; Parent of Spencer and Jay: Mother
Jurisdiction
Jersey
Judgment Date
03 October 2019
Procedural Posture
Care Order and Freeing Order Application / Final Judgment
Outcome
Care Order and Freeing Order granted for Jay; Residence Order granted for Spencer
Legal Topics
Care Orders, Freeing Orders, Residence Orders, Parental Responsibility, Adoption

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Minister

Applicant

First Respondent

Parent of Spencer and Jay

Second Respondent

Parent of Spencer

Fourth Respondent

Parent of Jay

Mother

Parent of Spencer and Jay

Procedural Posture

Care Order and Freeing Order Application / Final Judgment

  1. 1 Whether threshold for Care Order and Freeing Order is met
  2. 2 Whether Residence Order for Spencer is appropriate
  3. 3 Whether freeing Jay for adoption is justified

Ratio Decidendi

Threshold for Care Order and Freeing Order was met due to Mother's long-standing substance and alcohol dependence causing significant harm to children; no practical alternative to freeing Jay for adoption; Residence Order for Spencer is in his best interests.

Court Disposition

Care Order and Freeing Order granted for Jay; Residence Order granted for Spencer

Orders

  • Care Order for Jay
  • Freeing Order for Jay