L S -v- N S [2007] JRC 036 (01 February 2007)

L S -v- N S [2007] JRC 036 (01 February 2007)

Given the nature and seriousness of the allegations, the absence of any breach of injunctions, and the existing protections available to the mother, the necessity for a power of arrest is not established under the law. The injunctions themselves, together with ordinary criminal law and the ability to seek a warrant, provide sufficient protection.

Citation
[2007] JRC 036
Parties
Respondent: father; Applicant: mother
Jurisdiction
Jersey
Judgment Date
01 February 2007
Procedural Posture
Family Law Injunction Application / Hearing on Extension of Power of Arrest
Outcome
Application for extension of power of arrest refused (except for removal from jurisdiction injunction).
Legal Topics
Non Molestation Orders, Power of Arrest, Child Contact, Parental Responsibility
Family Law Injunctions Non Molestation Orders Power of Arrest Child Contact Parental Responsibility

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Parties

father

Respondent

mother

Applicant

Procedural Posture

Family Law Injunction Application / Hearing on Extension of Power of Arrest

Legal Issues

  1. 1 Whether the power of arrest should be extended to the existing injunctions for the protection of the mother and child
  2. 2 Whether the factual allegations justify the necessity of a power of arrest

Ratio Decidendi

Given the nature and seriousness of the allegations, the absence of any breach of injunctions, and the existing protections available to the mother, the necessity for a power of arrest is not established under the law. The injunctions themselves, together with ordinary criminal law and the ability to seek a warrant, provide sufficient protection.

Court Disposition

Application for extension of power of arrest refused (except for removal from jurisdiction injunction).

Orders

  • Power of arrest not extended to non-molestation and non-contact injunctions.
  • Power of arrest remains attached to the removal from jurisdiction injunction.