In the matter of C (Care order) [2013] JRC 044 (26 February 2013)

In the matter of C (Care order) [2013] JRC 044 (26 February 2013)

The child's welfare required certainty and stability, which could not be provided by waiting for the mother's therapeutic progress. Adoption was the best option for permanence. Direct contact was detrimental and should be terminated over three sessions, with letterbox contact thereafter. The care plan was approved and a final care order granted.

Citation
[2013] JRC 044
Parties
Applicant: Minister; First Respondent: Mother; Second Respondent: Child
Jurisdiction
Jersey
Judgment Date
26 February 2013
Procedural Posture
Care Order / Final Judgment
Outcome
final care order granted in favour of the Minister; care plan approved
Legal Topics
Care Orders, Adoption, Parental Responsibility, Contact Arrangements
Family Law Child Welfare Care Orders Adoption Parental Responsibility Contact Arrangements

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Parties

Minister

Applicant

Mother

First Respondent

Child

Second Respondent

Procedural Posture

Care Order / Final Judgment

Legal Issues

  1. 1 Whether the care plan for permanence by adoptive placement is in the child's best interests
  2. 2 Whether direct contact between mother and child should continue pending adoption
  3. 3 Whether delay in determining the child's future prejudices her welfare

Ratio Decidendi

The child's welfare required certainty and stability, which could not be provided by waiting for the mother's therapeutic progress. Adoption was the best option for permanence. Direct contact was detrimental and should be terminated over three sessions, with letterbox contact thereafter. The care plan was approved and a final care order granted.

Court Disposition

final care order granted in favour of the Minister; care plan approved

Orders

  • Minister's proposals for termination of direct contact accepted (over three sessions)
  • Minister's proposal for letterbox contact accepted