In the matter of Imogen (Care order - contact) [2020] JRC 077 (30 April 2020)

In the matter of Imogen (Care order - contact) [2020] JRC 077 (30 April 2020)

Given Imogen's consistent and genuine expressed wishes not to have direct contact with Applicants, and unanimous expert evidence that direct contact would not be in her best interests, only indirect contact is appropriate; agreement reached by parties reflects this and no order is made.

Citation
[2020] JRC 077
Parties
First Applicant: Step-father; Second Applicant: Step-grandmother; Second Respondent: Mother; Fourth Respondent: Godmother; Respondent: Minister; Guardian: Guardian (Gillian Timmis)
Jurisdiction
Jersey
Judgment Date
30 April 2020
Procedural Posture
Application for Contact Under Children (jersey) Law 2002 / Post Hearing, Agreement Reached, No Order Made
Outcome
No order made; parties' agreement noted and annexed to Act of Court.
Legal Topics
Contact Arrangements, Care Orders, Indirect Contact, Child's Wishes, Life Story Work
Family Law Child Welfare Contact Arrangements Care Orders Indirect Contact Child's Wishes Life Story Work

Case Brief

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Parties

Step-father

First Applicant

Step-grandmother

Second Applicant

Mother

Second Respondent

Godmother

Fourth Respondent

Minister

Respondent

Guardian (Gillian Timmis)

Guardian

Procedural Posture

Application for Contact Under Children (jersey) Law 2002 / Post Hearing, Agreement Reached, No Order Made

Legal Issues

  1. 1 Whether direct or indirect contact should be ordered between Applicants and Imogen
  2. 2 Whether the Minister should be ordered to facilitate contact
  3. 3 Impact of contact on child's welfare and placement stability

Ratio Decidendi

Given Imogen's consistent and genuine expressed wishes not to have direct contact with Applicants, and unanimous expert evidence that direct contact would not be in her best interests, only indirect contact is appropriate; agreement reached by parties reflects this and no order is made.

Court Disposition

No order made; parties' agreement noted and annexed to Act of Court.

Orders

  • Each Applicant may send a letter or card to Imogen twice a year, vetted initially by Children's Service then by godmother.
  • Imogen to be asked an open-ended question about seeing anyone she wishes within two weeks of receiving correspondence.