In the matter of Kian (Interim care order) [2018] JRC 074 (23 April 2018)
The threshold for an interim care order was met due to the mother's incapacity to parent, history of non-engagement, inability to care for herself, and the father's concerning history. Removal of the child was necessary and proportionate to safeguard the child's welfare, pending full assessments.
- Citation
- [2018] JRC 074
- Parties
- Applicant: Minister; First Respondent: Mother; Second Respondent: Father
- Jurisdiction
- Jersey
- Judgment Date
- 23 April 2018
- Procedural Posture
- Interim Care Order / Judgment
- Outcome
- interim care order granted
- Legal Topics
- Interim Care Order, Parental Capacity, Child Welfare, Removal of Child, Threshold Criteria
Case Brief
Summary, issues, holding and outcome
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Parties
Minister
Applicant
Mother
First Respondent
Father
Second Respondent
Procedural Posture
Interim Care Order / Judgment
Legal Issues
- 1 Whether the threshold for an interim care order under Article 30 of the Children (Jersey) Law 2002 is met
- 2 Whether removal of the child from parental care is necessary and proportionate
- 3 Assessment of parental capacity and risk to child
Ratio Decidendi
The threshold for an interim care order was met due to the mother's incapacity to parent, history of non-engagement, inability to care for herself, and the father's concerning history. Removal of the child was necessary and proportionate to safeguard the child's welfare, pending full assessments.
Court Disposition
interim care order granted
Orders
- Interim care order in favour of the Minister
- Approval of care plan and contact arrangements
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