In the matter of EE [2011] JRC 245 (28 December 2011)

In the matter of EE [2011] JRC 245 (28 December 2011)

The Court has inherent jurisdiction to adjourn applications for procedural efficiency and to ensure the best interests of the children. The mother's right to bring an application does not guarantee a hearing at a specific time. Deferring the application to the final hearing avoids confusion and prejudice to the children.

Citation
[2011] JRC 245
Parties
Applicant: Minister; Child: A; Child: B; Father: Second Respondent; Mother: Third Respondent; Carer: Paternal Grandmother; Carer: Paternal Relative; Children's Guardian: Guardian
Jurisdiction
Jersey
Judgment Date
28 December 2011
Procedural Posture
Public Law Care Proceedings / Interlocutory Application for Adjournment
Outcome
Application for adjournment granted; mother's application for increased contact deferred to final hearing.
Legal Topics
Care Orders, Contact Arrangements, Court's Inherent Jurisdiction, Adjournment of Applications
Family Law Child Welfare Care Orders Contact Arrangements Court's Inherent Jurisdiction Adjournment of Applications

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Parties

Minister

Applicant

A

Child

B

Child

Second Respondent

Father

Third Respondent

Mother

Paternal Grandmother

Carer

Paternal Relative

Carer

Guardian

Children's Guardian

Procedural Posture

Public Law Care Proceedings / Interlocutory Application for Adjournment

Legal Issues

  1. 1 Does the Court have jurisdiction to adjourn a parent's application for increased contact under Article 27(3) of the Children (Jersey) Law 2002?
  2. 2 Should the mother's application for increased contact be heard at the interim date or deferred to the final hearing?

Ratio Decidendi

The Court has inherent jurisdiction to adjourn applications for procedural efficiency and to ensure the best interests of the children. The mother's right to bring an application does not guarantee a hearing at a specific time. Deferring the application to the final hearing avoids confusion and prejudice to the children.

Court Disposition

Application for adjournment granted; mother's application for increased contact deferred to final hearing.

Orders

  • Date of 22nd June vacated.
  • Mother's application for extended contact arrangements to be heard at final hearing commencing 25th July.