In the matter of FF [2011] JRC 173 (31 August 2011)

In the matter of FF [2011] JRC 173 (31 August 2011)

The hearing cannot proceed due to inadequate legal representation and lack of preparedness, which would prejudice the child's welfare; therefore, the adjournment is granted, but the delay is unacceptable and contrary to the child's best interests.

Citation
[2011] JRC 173
Parties
Applicant: Mother; Respondent: Father
Jurisdiction
Jersey
Judgment Date
31 August 2011
Procedural Posture
Family Law Child Welfare / Application for Adjournment of Hearing
Outcome
Application for adjournment granted.
Legal Topics
Parental Responsibility, Contact, Adjournment, Legal Aid
Family Law Child Welfare Parental Responsibility Contact Adjournment Legal Aid

Case Brief

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Parties

Mother

Applicant

Father

Respondent

Procedural Posture

Family Law Child Welfare / Application for Adjournment of Hearing

Legal Issues

  1. 1 Whether the hearing for parental responsibility and contact should be adjourned
  2. 2 Impact of delay on the welfare of the child
  3. 3 Adequacy of legal representation due to legal aid issues

Ratio Decidendi

The hearing cannot proceed due to inadequate legal representation and lack of preparedness, which would prejudice the child's welfare; therefore, the adjournment is granted, but the delay is unacceptable and contrary to the child's best interests.

Court Disposition

Application for adjournment granted.

Orders

  • Substantive hearing adjourned from 5th and 6th September.
  • Parties to appear before Commissioner Clyde-Smith on Monday at 10am for procedural directions.