In the matter of Andrew (Care order) [2014] JRC 164 (02 September 2014)

In the matter of Andrew (Care order) [2014] JRC 164 (02 September 2014)

The safety of Andrew required his immediate removal from the care of the mother due to her ongoing drug abuse, violent history, inability to change, and lack of safe alternative carers. The Court was satisfied that the statutory threshold for an interim care order was met and adjournment would be inconsistent with Andrew's protection.

Citation
[2014] JRC 164
Parties
Applicant: Minister; Subject Child: Andrew (pseudonym); Respondent: Mother
Jurisdiction
Jersey
Judgment Date
02 September 2014
Procedural Posture
Interim Care Order / Interlocutory Hearing
Outcome
interim care order granted
Legal Topics
Interim Care Orders, Child Removal, Parental Drug Abuse, Domestic Violence
Family Law Child Protection Interim Care Orders Child Removal Parental Drug Abuse Domestic Violence

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 4 Party arguments 2
Sign in to unlock

Parties

Minister

Applicant

Andrew (pseudonym)

Subject Child

Mother

Respondent

Procedural Posture

Interim Care Order / Interlocutory Hearing

Legal Issues

  1. 1 Whether there are reasonable grounds for believing Andrew is at risk of significant harm under Article 24(2) Children (Jersey) Law 2002
  2. 2 Whether an interim care order for removal is justified
  3. 3 Whether adjournment should be granted

Ratio Decidendi

The safety of Andrew required his immediate removal from the care of the mother due to her ongoing drug abuse, violent history, inability to change, and lack of safe alternative carers. The Court was satisfied that the statutory threshold for an interim care order was met and adjournment would be inconsistent with Andrew's protection.

Court Disposition

interim care order granted

Orders

  • Care plan for removal of Andrew from mother's care approved
  • Contact arrangements approved