In re A (Care Order) v [2012] 2 JLR 276 (12 October 2012)

In re A (Care Order) v [2012] 2 JLR 276 (12 October 2012)

The Minister is prohibited from applying for a contact order under Article 10(1), but the court may make such an order at its own instance if it is in the child's interests and there is no suitable applicant.

Citation
[2012] 2 JLR 276
Parties
Applicant: Minister; Child/respondent: A
Jurisdiction
Jersey
Judgment Date
12 October 2012
Procedural Posture
Care Order / Judgment
Outcome
Minister prohibited from applying for contact order; court may make order at own instance if in child's interests.
Legal Topics
Care Order, Contact Order, Children (jersey) Law 2002, Private Law Remedies
Family Law Child Law Care Order Contact Order Children (jersey) Law 2002 Private Law Remedies

Case Brief

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Parties

Minister

Applicant

A

Child/respondent

Procedural Posture

Care Order / Judgment

Legal Issues

  1. 1 Whether the Minister may apply for a contact order under Article 10(1) of the Children (Jersey) Law 2002
  2. 2 Whether the court may make a contact order at its own instance under Article 10(2)(b) if there is no suitable applicant
  3. 3 Whether it is appropriate for the Minister to seek private law remedies

Ratio Decidendi

The Minister is prohibited from applying for a contact order under Article 10(1), but the court may make such an order at its own instance if it is in the child's interests and there is no suitable applicant.

Court Disposition

Minister prohibited from applying for contact order; court may make order at own instance if in child's interests.