In the matter of KK (the Child) (Care Proceedings) [2022] JRC 159 (02 August 2022)

In the matter of KK (the Child) (Care Proceedings) [2022] JRC 159 (02 August 2022)

It is premature to make a final care order or a residence order as the placement with the Godparents is too recent and untested. A period of planned and purposeful delay is justified to allow the placement to be tested. The interim care order will remain in place, and both the Minister's application for a final care order and the Godparents' application for a residence order are adjourned until the placement is sufficiently tested.

Citation
[2022] JRC 159
Parties
Applicant: Minister; First Respondent: Mother; Second Respondent: Father; Fourth Respondents: Godparents; Third Respondent: Child
Jurisdiction
Jersey
Judgment Date
02 August 2022
Procedural Posture
Public Law Children Proceedings / Interim Care Order; Applications for Final Care Order and Residence Order Adjourned
Outcome
Applications for final care order and residence order adjourned; interim care order to continue.
Legal Topics
Care Orders, Residence Orders, Supervision Orders, Parental Responsibility, Threshold Criteria, Contact Arrangements, Special Guardianship
Family Law Child Protection Care Orders Residence Orders Supervision Orders Parental Responsibility Threshold Criteria Contact Arrangements +1 more

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Parties

Minister

Applicant

Mother

First Respondent

Father

Second Respondent

Godparents

Fourth Respondents

Child

Third Respondent

Procedural Posture

Public Law Children Proceedings / Interim Care Order; Applications for Final Care Order and Residence Order Adjourned

Legal Issues

  1. 1 Whether a final care order or a residence order (with or without supervision order) should be made in respect of the Child
  2. 2 Whether the placement with the Godparents is sufficiently tested to justify permanence
  3. 3 Whether the care plan is sufficiently certain to approve a final care order

Ratio Decidendi

It is premature to make a final care order or a residence order as the placement with the Godparents is too recent and untested. A period of planned and purposeful delay is justified to allow the placement to be tested. The interim care order will remain in place, and both the Minister's application for a final care order and the Godparents' application for a residence order are adjourned until the placement is sufficiently tested.

Court Disposition

Applications for final care order and residence order adjourned; interim care order to continue.

Orders

  • Interim care order to remain in place until February next year.
  • Minister's application for final care order and Godparents' application for residence order adjourned.