In the matter of B (Care Order) [2012] JRC 023 (27 January 2012)

In the matter of B (Care Order) [2012] JRC 023 (27 January 2012)

The Court held that while there were reasonable grounds to believe the child was suffering or likely to suffer significant harm attributable to the mother's care, the threshold for immediate removal was not met. The evidence did not show that the child's safety, in the broad sense including emotional harm, required his immediate removal before expert assessments could be obtained. The issue of removal was for the final hearing with the benefit of expert advice.

Citation
[2012] JRC 023
Parties
Applicant: Minister; Respondent: Mother; Respondent: Father
Jurisdiction
Jersey
Judgment Date
27 January 2012
Procedural Posture
Interim Care Order / Interim Hearing
Outcome
Interim care order granted; immediate removal from mother refused
Legal Topics
Interim Care Orders, Child Removal, Emotional Harm, Parental Capacity, Psychological Assessment
Family Law Child Protection Interim Care Orders Child Removal Emotional Harm Parental Capacity Psychological Assessment

Case Brief

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Parties

Minister

Applicant

Mother

Respondent

Father

Respondent

Procedural Posture

Interim Care Order / Interim Hearing

Legal Issues

  1. 1 Whether the child's immediate removal from the mother's care is necessary for his safety as an interim measure
  2. 2 Whether the threshold for interim removal based on emotional harm is met

Ratio Decidendi

The Court held that while there were reasonable grounds to believe the child was suffering or likely to suffer significant harm attributable to the mother's care, the threshold for immediate removal was not met. The evidence did not show that the child's safety, in the broad sense including emotional harm, required his immediate removal before expert assessments could be obtained. The issue of removal was for the final hearing with the benefit of expert advice.

Court Disposition

Interim care order granted; immediate removal from mother refused

Orders

  • Interim care order made with the child to remain in the mother's care pending assessments
  • Directions for psychological assessment of the child and cognitive and psychological assessment of the mother