In the matter of Andrew (Care order and placement) [2017] JRC 147 (12 September 2017)

In the matter of Andrew (Care order and placement) [2017] JRC 147 (12 September 2017)

The threshold for an interim care order was met due to overwhelming evidence of serious emotional harm attributable to the home environment. Removal was necessary and proportionate as no less radical order would suffice to protect Andrew's welfare. The parents' refusal to consent to removal from the island was objectively unreasonable as they failed to give sufficient weight to Andrew's best interests.

Citation
[2017] JRC 147
Parties
Applicant: Minister for Children; Fifth Respondent (child): Andrew (not real name); Third Respondent (child): Owen (not real name); Fourth Respondent (child): Finlay (not real name); Sixth Respondent (child): Abbie (not real name); Respondent (parent): Mother of Andrew; Respondent (parent): Father of Andrew
Jurisdiction
Jersey
Judgment Date
12 September 2017
Procedural Posture
Child Care Proceedings / Interim Application for Care Order and Leave to Remove Child From Jurisdiction
Outcome
interim care order granted; approval for removal from parental care and placement in England granted
Legal Topics
Interim Care Order, Removal of Child From Jurisdiction, Parental Consent, Threshold Criteria, Therapeutic Foster Placement
Family Law Child Protection Interim Care Order Removal of Child From Jurisdiction Parental Consent Threshold Criteria Therapeutic Foster Placement

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Parties

Minister for Children

Applicant

Andrew (not real name)

Fifth Respondent (child)

Owen (not real name)

Third Respondent (child)

Finlay (not real name)

Fourth Respondent (child)

Abbie (not real name)

Sixth Respondent (child)

Mother of Andrew

Respondent (parent)

Father of Andrew

Respondent (parent)

Procedural Posture

Child Care Proceedings / Interim Application for Care Order and Leave to Remove Child From Jurisdiction

Legal Issues

  1. 1 Whether threshold for interim care order under Article 24(2) Children (Jersey) Law 2002 is met
  2. 2 Whether it is necessary and proportionate to remove Andrew from parental care on an interim basis
  3. 3 Whether parental refusal to consent to removal from the island is unreasonable under Schedule 2 paragraph 4(2) Children (Jersey) Law 2002

Ratio Decidendi

The threshold for an interim care order was met due to overwhelming evidence of serious emotional harm attributable to the home environment. Removal was necessary and proportionate as no less radical order would suffice to protect Andrew's welfare. The parents' refusal to consent to removal from the island was objectively unreasonable as they failed to give sufficient weight to Andrew's best interests.

Court Disposition

interim care order granted; approval for removal from parental care and placement in England granted

Orders

  • Interim care order in respect of Andrew granted.
  • Care plan for immediate removal from parental care approved.