In the matter of N [2011] JRC 075A (12 April 2011)

In the matter of N [2011] JRC 075A (12 April 2011)

The father satisfies the threefold test for parental responsibility, and despite concerns about his antisocial behaviour and imprisonment, these do not outweigh his demonstrated commitment and involvement. Parental responsibility is granted, with the possibility of future review if problems arise.

Citation
[2011] JRC 075A
Parties
Applicant: P; Respondent: M; Intervener: B
Jurisdiction
Jersey
Judgment Date
12 April 2011
Procedural Posture
Application for Parental Responsibility and Contact / Judgment
Outcome
Parental responsibility granted to the father; contact to continue as agreed.
Legal Topics
Parental Responsibility, Child Welfare, Contact Orders, Residence Orders
Family Law Child Law Parental Responsibility Child Welfare Contact Orders Residence Orders

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Parties

P

Applicant

M

Respondent

B

Intervener

Procedural Posture

Application for Parental Responsibility and Contact / Judgment

Legal Issues

  1. 1 Should the father be granted parental responsibility for his daughter given his criminal history and current imprisonment?
  2. 2 Is continued contact between father and daughter in the child's best interests?
  3. 3 What weight should be given to the father's commitment, attachment, and reasons for applying?

Ratio Decidendi

The father satisfies the threefold test for parental responsibility, and despite concerns about his antisocial behaviour and imprisonment, these do not outweigh his demonstrated commitment and involvement. Parental responsibility is granted, with the possibility of future review if problems arise.

Court Disposition

Parental responsibility granted to the father; contact to continue as agreed.

Orders

  • Parental responsibility order in favour of the father.
  • Contact between father and daughter to continue as facilitated by B or M on a weekly basis.