In the matter of Bailey Ellis Violet and Elliott (Care proceedings) [2019] JRC 006 (21 January 2019)

In the matter of Bailey Ellis Violet and Elliott (Care proceedings) [2019] JRC 006 (21 January 2019)

The Court lacked jurisdiction to order psychological assessments of the children because the threshold criteria under Article 30 of the Children (Jersey) Law 2002 were not met; jurisdiction to order such assessments is contingent upon satisfaction of those criteria and the making of an interim care or supervision order.

Citation
[2019] JRC 006
Parties
Applicant: Minister; Children: Bailey, Ellis, Violet and Elliott; Respondents: Parents of Bailey, Ellis, Violet and Elliott
Jurisdiction
Jersey
Judgment Date
21 January 2019
Procedural Posture
Care Proceedings / Post Interim Care Order Application, Jurisdictional Ruling
Outcome
Order for psychological assessments of children and parents set aside.
Legal Topics
Threshold Criteria, Interim Care Orders, Jurisdiction, Psychological Assessment, Inherent Jurisdiction
Family Law Child Protection Threshold Criteria Interim Care Orders Jurisdiction Psychological Assessment Inherent Jurisdiction

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Parties

Minister

Applicant

Bailey, Ellis, Violet and Elliott

Children

Parents of Bailey, Ellis, Violet and Elliott

Respondents

Procedural Posture

Care Proceedings / Post Interim Care Order Application, Jurisdictional Ruling

Legal Issues

  1. 1 Whether the Court had jurisdiction to order assessments of the children when threshold criteria were not met
  2. 2 Scope of inherent jurisdiction under Children (Jersey) Law 2002

Ratio Decidendi

The Court lacked jurisdiction to order psychological assessments of the children because the threshold criteria under Article 30 of the Children (Jersey) Law 2002 were not met; jurisdiction to order such assessments is contingent upon satisfaction of those criteria and the making of an interim care or supervision order.

Court Disposition

Order for psychological assessments of children and parents set aside.

Orders

  • Psychological assessment orders against children and parents set aside.