In the matter of D (Care Order) [2013] JRC 104 (29 May 2013)

In the matter of D (Care Order) [2013] JRC 104 (29 May 2013)

The Court found reasonable grounds for believing the child is likely to suffer significant emotional harm due to domestic violence and inconsistent care, passing the threshold for an interim order. However, removal from the mother's care would cause significant disruption and harm, and a supervision order with undertakings from the mother is proportionate and justified at this stage.

Citation
[2013] JRC 104
Parties
Applicant: Minister; Respondent: Mother; Respondent: Father
Jurisdiction
Jersey
Judgment Date
29 May 2013
Procedural Posture
Interim Care Order Application / Interim Hearing
Outcome
Interim supervision order granted, subject to undertakings from the mother; interim care order denied unless undertakings are refused.
Legal Topics
Interim Care Orders, Supervision Orders, Threshold Criteria, Domestic Violence, Parental Responsibility, Welfare Checklist, European Convention on Human Rights
Family Law Child Protection Human Rights Interim Care Orders Supervision Orders Threshold Criteria Domestic Violence Parental Responsibility +2 more

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 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Minister

Applicant

Mother

Respondent

Father

Respondent

Procedural Posture

Interim Care Order Application / Interim Hearing

Legal Issues

  1. 1 Whether reasonable grounds exist for believing the child is suffering or likely to suffer significant harm attributable to parental care
  2. 2 Whether an interim care order or supervision order should be made
  3. 3 Application of welfare checklist and proportionality under Convention rights

Ratio Decidendi

The Court found reasonable grounds for believing the child is likely to suffer significant emotional harm due to domestic violence and inconsistent care, passing the threshold for an interim order. However, removal from the mother's care would cause significant disruption and harm, and a supervision order with undertakings from the mother is proportionate and justified at this stage.

Court Disposition

Interim supervision order granted, subject to undertakings from the mother; interim care order denied unless undertakings are refused.

Orders

  • Mother to comply with paragraphs 1 and 2 of Schedule 3 of the Law
  • Mother not to have contact with persons deemed inappropriate by Children's Service