In the matter of L (Care Order) [2013] JRC 252A (12 December 2013)

In the matter of L (Care Order) [2013] JRC 252A (12 December 2013)

The court found that the parents had not been given a sufficient opportunity to demonstrate their parenting abilities without constant supervision, and that the evidence was insufficient to justify a full care order and freeing for adoption at this stage. The application was adjourned for a further assessment at...

Source-derived case information.

Citation
[2013] JRC 252A
Parties
Applicant: Minister; Respondent: Mother; Respondent: Father
Jurisdiction
Jersey
Judgment Date
12 December 2013
Procedural Posture
Public Law Children Proceedings / Application for Full Care Order
Outcome
application adjourned for further assessment
Legal Topics
Care Orders, Threshold Criteria, Adoption, Parental Assessment, Significant Harm
Family Law Child Protection Care Orders Threshold Criteria Adoption Parental Assessment Significant Harm

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Parties

Minister

Applicant

Mother

Respondent

Father

Respondent

Procedural Posture

Public Law Children Proceedings / Application for Full Care Order

Legal Issues

  1. 1 Whether the threshold criteria under Article 24(2)(b) of the Children (Jersey) Law 2002 are met for a full care order
  2. 2 Whether a full care order and freeing for adoption is in the best interests of the child
  3. 3 Whether the parents have been given a fair opportunity to demonstrate their parenting abilities

Ratio Decidendi

The court found that the parents had not been given a sufficient opportunity to demonstrate their parenting abilities without constant supervision, and that the evidence was insufficient to justify a full care order and freeing for adoption at this stage. The application was adjourned for a further assessment at Orchard House to determine whether the parents can provide 'good enough' parenting.

Court Disposition

application adjourned for further assessment

Orders

  • Adjournment of the Minister's application for a full care order until a further assessment at Orchard House is completed.
  • Minister to make urgent arrangements for the assessment.