In the matter of O [2011] JRC 111 (09 June 2011)

In the matter of O [2011] JRC 111 (09 June 2011)

A fact finding hearing was not necessary as the outcome would not be determinative of the issues in question, would cause delay, incur unnecessary costs, and all parties agreed it would have little effect on the final outcome; the matter could properly proceed to a final hearing without it.

Citation
[2011] JRC 111
Parties
Child: O; Applicant: Minister; Respondent: Father; Respondent: Mother; Third Party: D
Jurisdiction
Jersey
Judgment Date
09 June 2011
Procedural Posture
Care Proceedings / Pre Final Hearing Directions
Outcome
No fact finding hearing ordered; matter to proceed to final hearing in July.
Legal Topics
Fact Finding Hearings, Care Orders, Burden of Proof, Judicial Discretion
Family Law Child Protection Fact Finding Hearings Care Orders Burden of Proof Judicial Discretion

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Parties

O

Child

Minister

Applicant

Father

Respondent

Mother

Respondent

D

Third Party

Procedural Posture

Care Proceedings / Pre Final Hearing Directions

Legal Issues

  1. 1 Whether a fact finding hearing is necessary regarding allegations of assault by the father on D
  2. 2 Appropriate procedural approach in care proceedings after acquittal in criminal court

Ratio Decidendi

A fact finding hearing was not necessary as the outcome would not be determinative of the issues in question, would cause delay, incur unnecessary costs, and all parties agreed it would have little effect on the final outcome; the matter could properly proceed to a final hearing without it.

Court Disposition

No fact finding hearing ordered; matter to proceed to final hearing in July.

Orders

  • No fact finding hearing to be held.
  • Final hearing to proceed on 27th-29th July, 2011.