A -v- B and C [2001] JRC 64A (16 March 2001)

The greatest continuity and stability for the children will be achieved by residing with their father in the former matrimonial home, given his overriding role in their care, while allowing the mother agreed access.

Citation: [2001] JRC 64A
Parties: Petitioner: Father; Respondent: Mother; Co Respondent: Co-respondent
Jurisdiction: Jersey
Judgment Date: 16 March 2001
Procedural Posture: Divorce and Ancillary Relief / Post Decree Nisi, Determination of Child Residence and Access
Outcome: Residence order granted in favour of the father; joint custody maintained; mother to have access as agreed.
Legal Topics: Divorce, Child Residence, Joint Custody, Care and Control, Access Arrangements

Family Law Child Law Divorce Child Residence Joint Custody Care and Control Access Arrangements

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Parties

Father

Petitioner

Mother

Respondent

Co-respondent

Co Respondent

Procedural Posture

Divorce and Ancillary Relief / Post Decree Nisi, Determination of Child Residence and Access

Legal Issues

1 Whether care and control (residence) of the children should be awarded to one parent or shared
2 Appropriate legal order under Matrimonial Causes (Jersey) Law 1949 regarding child residence and access

Ratio Decidendi

Court Disposition

Residence order granted in favour of the father; joint custody maintained; mother to have access as agreed.

Orders

Children to reside with the father in the former matrimonial home.
Mother to have access as agreed between the parties.