In the matter of Lydia (Interim Care Order) [2019] JRC 031A (27 February 2019)

In the matter of Lydia (Interim Care Order) [2019] JRC 031A (27 February 2019)

The Court found the threshold test for an interim care order satisfied, so the jurisdictional issue regarding psychological assessments did not arise in this case. The Court expressed concerns about the correctness of Re Bailey and others [2019] JRC 006 and indicated willingness to revisit the issue in future cases.

Citation
[2019] JRC 031A
Parties
Applicant: Minister; Child: Lydia; Respondent: Father; Advocate: Advocate Kerley
Jurisdiction
Jersey
Judgment Date
27 February 2019
Procedural Posture
Care Proceedings / Postscript to Judgment
Outcome
No change to original judgment; postscript only.
Legal Topics
Interim Care Orders, Psychological Assessments, Inherent Jurisdiction
Family Law Child Welfare Interim Care Orders Psychological Assessments Inherent Jurisdiction

Case Brief

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Parties

Minister

Applicant

Lydia

Child

Father

Respondent

Advocate Kerley

Advocate

Procedural Posture

Care Proceedings / Postscript to Judgment

Legal Issues

  1. 1 Jurisdiction to order psychological assessments absent satisfaction of interim care order threshold
  2. 2 Scope of inherent jurisdiction in child welfare proceedings

Ratio Decidendi

The Court found the threshold test for an interim care order satisfied, so the jurisdictional issue regarding psychological assessments did not arise in this case. The Court expressed concerns about the correctness of Re Bailey and others [2019] JRC 006 and indicated willingness to revisit the issue in future cases.

Court Disposition

No change to original judgment; postscript only.