In the matter of Maria (Care order) [2017] JRC 072 (22 May 2017)

In the matter of Maria (Care order) [2017] JRC 072 (22 May 2017)

Neither parent was able to provide safe care for the child now or within her timescales due to substance misuse, domestic violence, and inability to change; the child was well settled with the paternal aunt and permanence was best achieved through a final care order and eventual adoption.

Citation
[2017] JRC 072
Parties
Applicant: Minister; First Respondent (mother): A; Second Respondent (father): B; Paternal Aunt (carer): Ms C; Partner of Ms C (carer): Mr D
Jurisdiction
Jersey
Judgment Date
22 May 2017
Procedural Posture
Care Proceedings / Final Judgment
Outcome
final care order granted; child placed in care of Minister
Legal Topics
Care Orders, Adoption, Contact Arrangements, Parental Responsibility

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Parties

Minister

Applicant

A

First Respondent (mother)

B

Second Respondent (father)

Ms C

Paternal Aunt (carer)

Mr D

Partner of Ms C (carer)

Procedural Posture

Care Proceedings / Final Judgment

  1. 1 Whether threshold for care order under Article 24(2) Children (Jersey) Law 2002 is met
  2. 2 Appropriate care plan and contact arrangements for the child
  3. 3 Ability of parents to provide safe care within child's timescales

Ratio Decidendi

Neither parent was able to provide safe care for the child now or within her timescales due to substance misuse, domestic violence, and inability to change; the child was well settled with the paternal aunt and permanence was best achieved through a final care order and eventual adoption.

Court Disposition

final care order granted; child placed in care of Minister

Orders

  • Care plan approved placing child with paternal aunt under Minister's care
  • Contact arrangements revised for gradual reduction, ending with letter-box contact post-adoption