In the matter of Darcey (freeing for adoption) [2019] JRC 119 (27 June 2019)

In the matter of Darcey (freeing for adoption) [2019] JRC 119 (27 June 2019)

The threshold for care and adoption orders is met due to significant harm from parental drug addiction, mental health issues, and domestic violence. No suitable family placement or long-term fostering option exists. Parental consent to adoption is unreasonably withheld. Adoption is the only realistic option for the child's welfare.

Citation
[2019] JRC 119
Parties
Applicant: Minister; First Respondent: Mother; Second Respondent: Father
Jurisdiction
Jersey
Judgment Date
27 June 2019
Procedural Posture
Care and Adoption Proceedings / Final Judgment
Outcome
Care plan approved; child freed for adoption; parental responsibility granted to Father.
Legal Topics
Care Orders, Adoption, Parental Responsibility, Threshold Criteria, Child Welfare
Family Law Child Protection Adoption Law Care Orders Adoption Parental Responsibility Threshold Criteria Child Welfare

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Parties

Minister

Applicant

Mother

First Respondent

Father

Second Respondent

Procedural Posture

Care and Adoption Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the threshold for care and adoption orders is met
  2. 2 Whether parental consent to adoption is unreasonably withheld
  3. 3 Whether freeing the child for adoption is in the child's best interests

Ratio Decidendi

The threshold for care and adoption orders is met due to significant harm from parental drug addiction, mental health issues, and domestic violence. No suitable family placement or long-term fostering option exists. Parental consent to adoption is unreasonably withheld. Adoption is the only realistic option for the child's welfare.

Court Disposition

Care plan approved; child freed for adoption; parental responsibility granted to Father.

Orders

  • Final care order made
  • Child freed for adoption