In the matter of EE (Freed for Adoption) [2020] JRC 187 (21 September 2020)

In the matter of EE (Freed for Adoption) [2020] JRC 187 (21 September 2020)

The Court found that the threshold for a care order was met due to the Mother's inability to care for the Child and the putative father's lack of involvement. The Mother's oral consent, while not evidenced by a formal document, was supplemented by clear evidence of her incapacity to parent, allowing the Court to...

Source-derived case information.

Citation
[2020] JRC 187
Parties
Applicant: Minister; Subject: EE (the Child); Respondent: Mother
Jurisdiction
Jersey
Judgment Date
21 September 2020
Procedural Posture
Care and Adoption Proceedings / Final Order
Outcome
final care order and freeing for adoption order granted
Legal Topics
Care Orders, Adoption, Parental Consent, Dispensation of Consent, Child Welfare
Family Law Child Law Care Orders Adoption Parental Consent Dispensation of Consent Child Welfare

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Parties

Minister

Applicant

EE (the Child)

Subject

Mother

Respondent

Procedural Posture

Care and Adoption Proceedings / Final Order

Legal Issues

  1. 1 Whether the threshold for a care order under Article 24(2) of the Children (Jersey) Law 2002 was met
  2. 2 Whether the Mother's consent to freeing the child for adoption was valid and sufficient
  3. 3 Whether the Court could dispense with the Mother's consent under Article 12(1)(b) of the Adoption (Jersey) Law 1961

Ratio Decidendi

The Court found that the threshold for a care order was met due to the Mother's inability to care for the Child and the putative father's lack of involvement. The Mother's oral consent, while not evidenced by a formal document, was supplemented by clear evidence of her incapacity to parent, allowing the Court to dispense with her consent under Article 12(1)(b) of the Adoption (Jersey) Law 1961. The freeing for adoption order was necessary and proportionate to protect the Child's welfare.

Court Disposition

final care order and freeing for adoption order granted

Orders

  • Final care order in favour of the Minister
  • Child freed for adoption under Article 12(1)(a) and, in the alternative, Article 12(1)(b) of the Adoption (Jersey) Law 1961