N v M (Family) [2021] JRC 214 (19 August 2021)

N v M (Family) [2021] JRC 214 (19 August 2021)

Failure to bring Article 14 of Children's (Jersey) Law 2002 to the Commissioner's attention constituted a material failure of full and frank disclosure; no sufficient evidentiary basis for continuing the injunction; Registrar had already determined Defendant was not a flight risk after full hearing; injunction should be discharged.

Citation
[2021] JRC 214
Parties
Plaintiff: N; Defendant: M
Jurisdiction
Jersey
Judgment Date
19 August 2021
Procedural Posture
Family Law Child Residence and Contact / Application to Discharge Interim Injunction
Outcome
Interim injunction discharged; application to re-impose injunction denied.
Legal Topics
Interim Injunctions, Residence Orders, Holiday Travel With Child, Full and Frank Disclosure, Ex Parte Vs Inter Partes Applications
Family Law Child Law Interim Injunctions Residence Orders Holiday Travel With Child Full and Frank Disclosure Ex Parte Vs Inter Partes Applications

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Parties

N

Plaintiff

M

Defendant

Procedural Posture

Family Law Child Residence and Contact / Application to Discharge Interim Injunction

Legal Issues

  1. 1 Whether interim injunction preventing removal of child from jurisdiction should be discharged
  2. 2 Whether ex parte application was appropriate
  3. 3 Whether full and frank disclosure obligations were met

Ratio Decidendi

Failure to bring Article 14 of Children's (Jersey) Law 2002 to the Commissioner's attention constituted a material failure of full and frank disclosure; no sufficient evidentiary basis for continuing the injunction; Registrar had already determined Defendant was not a flight risk after full hearing; injunction should be discharged.

Court Disposition

Interim injunction discharged; application to re-impose injunction denied.

Orders

  • Interim injunction preventing removal of child from jurisdiction is discharged.
  • No re-imposition of injunctions.