In the matter of Alan (Care order) [2014] JRC 144 (18 July 2014)

In the matter of Alan (Care order) [2014] JRC 144 (18 July 2014)

The parents, despite their love and commitment, are unable to provide 'good enough' parenting due to inability to anticipate and prevent risks, provide consistent stimulation, and cope with the demands of care. The welfare of Alan (L) requires permanent adoptive carers, and it is objectively unreasonable for the...

Source-derived case information.

Citation
[2014] JRC 144
Parties
Applicant: Minister for Children’s Services; Respondents: Parents of Alan (L); Subject Child: Alan (L)
Jurisdiction
Jersey
Judgment Date
18 July 2014
Procedural Posture
Care and Adoption Proceedings / Final Hearing and Judgment
Outcome
final care order and freeing order for adoption granted
Legal Topics
Care Orders, Freeing for Adoption, Parental Consent, Child Welfare Assessment
Family Law Child Protection Adoption Care Orders Freeing for Adoption Parental Consent Child Welfare Assessment

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Summary, issues, holding and outcome

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Parties

Minister for Children’s Services

Applicant

Parents of Alan (L)

Respondents

Alan (L)

Subject Child

Procedural Posture

Care and Adoption Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the parents are capable of providing 'good enough' parenting to Alan (L)
  2. 2 Whether a final care order and freeing order for adoption should be granted
  3. 3 Whether parental consent to adoption should be dispensed with under Article 13(2) of the Adoption (Jersey) Law 1961

Ratio Decidendi

The parents, despite their love and commitment, are unable to provide 'good enough' parenting due to inability to anticipate and prevent risks, provide consistent stimulation, and cope with the demands of care. The welfare of Alan (L) requires permanent adoptive carers, and it is objectively unreasonable for the parents to withhold consent to adoption.

Court Disposition

final care order and freeing order for adoption granted

Orders

  • Final care order made for Alan (L)
  • Alan (L) freed for adoption