In the matter of Leo (Care order) [2014] JRC 218 (11 November 2014)
The Court found that the threshold for significant harm was met, that neither parent could provide safe care for Leo, and that freeing for adoption was in Leo's best interests. Parental consent to adoption was unreasonably withheld, justifying the freeing order.
- Citation
- [2014] JRC 218
- Parties
- Applicant: Minister; Respondent: First Respondent (Mother); Respondent: Second Respondent (Father); Subject Child: Leo
- Jurisdiction
- Jersey
- Judgment Date
- 11 November 2014
- Procedural Posture
- Care and Freeing Order Application / Final Judgment
- Outcome
- Application granted
- Legal Topics
- Care Orders, Freeing Orders, Adoption, Parental Responsibility, Threshold Criteria, Welfare of the Child
Case Brief
Summary, issues, holding and outcome
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Parties
Minister
Applicant
First Respondent (Mother)
Respondent
Second Respondent (Father)
Respondent
Leo
Subject Child
Procedural Posture
Care and Freeing Order Application / Final Judgment
Legal Issues
- 1 Whether threshold criteria for care order are met
- 2 Whether freeing order for adoption is in the child's best interests
- 3 Whether parental consent to adoption is being unreasonably withheld
Ratio Decidendi
The Court found that the threshold for significant harm was met, that neither parent could provide safe care for Leo, and that freeing for adoption was in Leo's best interests. Parental consent to adoption was unreasonably withheld, justifying the freeing order.
Court Disposition
Application granted
Orders
- Full care order made in favour of the Minister for Leo
- Freeing order made under the Adoption (Jersey) Law 1961 to allow Leo to be adopted
Full Case Text
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