in the matter of D and E (Care Order) [2012] JRC 165 (19 September 2012)

in the matter of D and E (Care Order) [2012] JRC 165 (19 September 2012)

Threshold for significant harm was met due to longstanding emotional abuse, neglect, parental substance misuse, and exposure to domestic violence. Full care order is necessary to secure children's welfare and stability. Kinship care with maternal aunt is in best interests. Contact should be reduced and supervised to promote stability. Second Respondent's application for parental responsibility is refused due to insufficient commitment and unresolved mental health issues.

Citation
[2012] JRC 165
Parties
Applicant: Minister; Mother: First Respondent; Father of Fourth Respondent: Second Respondent; Child (aged 11): Third Respondent; Child (aged 2): Fourth Respondent
Jurisdiction
Jersey
Judgment Date
19 September 2012
Procedural Posture
Care Proceedings / Final Hearing on Application for Full Care Order
Outcome
Full care order granted for both children; application for parental responsibility by Second Respondent refused.
Legal Topics
Care Orders, Parental Responsibility, Contact Arrangements, Child Welfare, Kinship Care
Family Law Child Protection Care Orders Parental Responsibility Contact Arrangements Child Welfare Kinship Care

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Parties

Minister

Applicant

First Respondent

Mother

Second Respondent

Father of Fourth Respondent

Third Respondent

Child (aged 11)

Fourth Respondent

Child (aged 2)

Procedural Posture

Care Proceedings / Final Hearing on Application for Full Care Order

Legal Issues

  1. 1 Whether threshold criteria for significant harm under Article 24(2)(b) Children (Jersey) Law 2002 are met
  2. 2 Appropriateness of full care order for both children
  3. 3 Contact arrangements between children and parents

Ratio Decidendi

Threshold for significant harm was met due to longstanding emotional abuse, neglect, parental substance misuse, and exposure to domestic violence. Full care order is necessary to secure children's welfare and stability. Kinship care with maternal aunt is in best interests. Contact should be reduced and supervised to promote stability. Second Respondent's application for parental responsibility is refused due to insufficient commitment and unresolved mental health issues.

Court Disposition

Full care order granted for both children; application for parental responsibility by Second Respondent refused.

Orders

  • Children to remain in care of maternal aunt as kinship carers for minimum 12 months from February 2012, subject to review.
  • Contact between children and mother to be reduced and flexible, no formal contact order made.