In the matter of T [2011] JRC 133 (08 July 2011)

In the matter of T [2011] JRC 133 (08 July 2011)

The Court found that T had suffered emotional harm due to her mother's illness and instability, and that her best interests required a residence order in favour of the foster carers, with conditions to ensure her safety and wellbeing, and restrictions on contact and further applications by the mother.

Citation
[2011] JRC 133
Parties
Child: T; Mother: Mother of T; Applicant: Minister; Foster Carers: Mr and Mrs A; Guardian: Miss Leonora Green
Jurisdiction
Jersey
Judgment Date
08 July 2011
Procedural Posture
Child Welfare Proceedings / Final Hearing
Outcome
Residence order granted in favour of foster carers with conditions; prohibition order against mother; disclosure order granted.
Legal Topics
Residence Order, Contact Arrangements, Parental Responsibility, Mental Health Impact, Protection of Child, Disclosure Orders
Family Law Child Welfare Mental Health Law Residence Order Contact Arrangements Parental Responsibility Mental Health Impact Protection of Child +1 more

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Parties

T

Child

Mother of T

Mother

Minister

Applicant

Mr and Mrs A

Foster Carers

Miss Leonora Green

Guardian

Procedural Posture

Child Welfare Proceedings / Final Hearing

Legal Issues

  1. 1 Whether a residence order should be made in favour of the foster carers
  2. 2 Whether contact between T and her mother should be restricted
  3. 3 Whether the mother should be prohibited from making further applications without leave

Ratio Decidendi

The Court found that T had suffered emotional harm due to her mother's illness and instability, and that her best interests required a residence order in favour of the foster carers, with conditions to ensure her safety and wellbeing, and restrictions on contact and further applications by the mother.

Court Disposition

Residence order granted in favour of foster carers with conditions; prohibition order against mother; disclosure order granted.

Orders

  • Residence order pursuant to Article 10 of the Children (Jersey) Law 2002 in favour of foster carers, subject to conditions: foster carers to apply for T's transfer to secondary school in September 2012; T's church attendance at foster carers' discretion; confirmation from mother's mental health team required before...
  • Order under Article 66(8) prohibiting the mother from bringing any application under the Children (Jersey) Law 2002 in relation to T without leave of a judge of the Royal Court.