In the matter of Leo (Care order) [2014] JRC 218 (11 November 2014)

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

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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

  1. 1 Whether threshold criteria for care order are met
  2. 2 Whether freeing order for adoption is in the child's best interests
  3. 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