In the matter of K (Care Order) [2014] JRC 044 (20 February 2014)

In the matter of K (Care Order) [2014] JRC 044 (20 February 2014)

The threshold for a care order was met as K was likely to suffer significant harm if no order was made, and a care order was appropriate to provide necessary support and safeguard K's welfare, with the intention to replace it with a residence order in due course.

Citation
[2014] JRC 044
Parties
Applicant: Minister; Guardian: Ms Gill Timmis; Kinship Carer: Mr E; Kinship Carer: Mrs E; Respondent: Mother
Jurisdiction
Jersey
Judgment Date
20 February 2014
Procedural Posture
Care Order Proceedings / Final Hearing
Outcome
final care order granted
Legal Topics
Care Orders, Parental Responsibility, Kinship Care, Contact Arrangements
Family Law Child Protection Care Orders Parental Responsibility Kinship Care Contact Arrangements

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Parties

Minister

Applicant

Ms Gill Timmis

Guardian

Mr E

Kinship Carer

Mrs E

Kinship Carer

Mother

Respondent

Procedural Posture

Care Order Proceedings / Final Hearing

Legal Issues

  1. 1 Whether the threshold for a care order under Article 24 of the Children (Jersey) Law 2002 is met
  2. 2 Whether a residence order would suffice instead of a care order
  3. 3 Appropriateness of restricting contact between mother and child

Ratio Decidendi

The threshold for a care order was met as K was likely to suffer significant harm if no order was made, and a care order was appropriate to provide necessary support and safeguard K's welfare, with the intention to replace it with a residence order in due course.

Court Disposition

final care order granted

Orders

  • Final care order in favour of the Minister
  • No contact between mother and K until assessment and formal contact plan by Children's Service