In the matter of Thomas (Care order) [2014] JRC 210 (03 November 2014)

In the matter of Thomas (Care order) [2014] JRC 210 (03 November 2014)

Threshold criteria for care order are met; all parties agree Thomas faces significant harm if returned to Mother's care. Adoption is in Thomas' best interests due to need for permanent, stable placement and inability of alternative carers to provide long-term care. Delay would be detrimental.

Citation
[2014] JRC 210
Parties
Applicant: Minister; First Respondent: Mother; Child (subject of Proceedings): Thomas
Jurisdiction
Jersey
Judgment Date
03 November 2014
Procedural Posture
Care and Adoption Application / Final Judgment
Outcome
Full care order granted; child freed for adoption
Legal Topics
Care Orders, Adoption, Threshold Criteria, Welfare Checklist, Delay Avoidance, No Order Principle
Family Law Child Protection Care Orders Adoption Threshold Criteria Welfare Checklist Delay Avoidance No Order Principle

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Parties

Minister

Applicant

Mother

First Respondent

Thomas

Child (subject of Proceedings)

Procedural Posture

Care and Adoption Application / Final Judgment

Legal Issues

  1. 1 Whether threshold criteria for care order are met
  2. 2 Whether freeing for adoption is in child's best interests

Ratio Decidendi

Threshold criteria for care order are met; all parties agree Thomas faces significant harm if returned to Mother's care. Adoption is in Thomas' best interests due to need for permanent, stable placement and inability of alternative carers to provide long-term care. Delay would be detrimental.

Court Disposition

Full care order granted; child freed for adoption

Orders

  • Full care order made for Thomas
  • Thomas freed for adoption in accordance with Article 12(1) of the Adoption (Jersey) Law 1961