In the matter of F [2011] JRC 044 (21 February 2011)

In the matter of F [2011] JRC 044 (21 February 2011)

The court held that, given the early stage of the allegations, the need to protect the welfare of the children, and the risk of distress or interference with the investigation, it was justified to suspend contact between the children and their father pending further investigation and to withhold the detailed evidence from the father at this stage. The decision was temporary and subject to review at the next hearing.

Citation
[2011] JRC 044
Parties
Applicant: Minister; Respondent: Father; Respondent: Mother
Jurisdiction
Jersey
Judgment Date
21 February 2011
Procedural Posture
Child Protection / Interim Care Order / Urgent Application for Suspension of Contact Pending Investigation
Outcome
Application granted
Legal Topics
Interim Care Orders, Contact Suspension, Disclosure of Evidence, Welfare of the Child, Allegations of Sexual Abuse
Family Law Child Protection Interim Care Orders Contact Suspension Disclosure of Evidence Welfare of the Child Allegations of Sexual Abuse

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Minister

Applicant

Father

Respondent

Mother

Respondent

Procedural Posture

Child Protection / Interim Care Order / Urgent Application for Suspension of Contact Pending Investigation

Legal Issues

  1. 1 Whether contact between the children and their father should be suspended pending investigation of allegations of sexual abuse
  2. 2 Whether details of the allegations should be disclosed to the father at this stage

Ratio Decidendi

The court held that, given the early stage of the allegations, the need to protect the welfare of the children, and the risk of distress or interference with the investigation, it was justified to suspend contact between the children and their father pending further investigation and to withhold the detailed evidence from the father at this stage. The decision was temporary and subject to review at the next hearing.

Court Disposition

Application granted

Orders

  • Contact between both children and their father is suspended until the next hearing in approximately six weeks, subject to review if C becomes seriously distressed.
  • Children's Service is authorised but not directed to suspend contact with C and must keep her welfare under review.