C -v- D (Family) [2013] JRC 150A (30 July 2013)

C -v- D (Family) [2013] JRC 150A (30 July 2013)

The facts and evidence do not warrant a fact finding hearing or a psychological report, as previous investigations found no grounds for action and current contact is positive. Parental responsibility is granted to the father, subject to conditions, as he satisfies the legal test and demonstrates commitment to the child.

Citation
[2013] JRC 150A
Parties
Mother: D; Father: C
Jurisdiction
Jersey
Judgment Date
30 July 2013
Procedural Posture
Family Law / Interlocutory Judgment
Outcome
Mother's applications for fact finding hearing and psychological report refused; father's application for parental responsibility granted with conditions.
Legal Topics
Parental Responsibility, Fact Finding Hearing, Child Contact, Domestic Violence, Child Welfare
Family Law Parental Responsibility Fact Finding Hearing Child Contact Domestic Violence Child Welfare

Case Brief

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Parties

D

Mother

C

Father

Procedural Posture

Family Law / Interlocutory Judgment

Legal Issues

  1. 1 Whether a fact finding hearing is warranted regarding allegations of abuse and violence
  2. 2 Whether a psychological report on the child is necessary
  3. 3 Whether parental responsibility should be granted to the father

Ratio Decidendi

The facts and evidence do not warrant a fact finding hearing or a psychological report, as previous investigations found no grounds for action and current contact is positive. Parental responsibility is granted to the father, subject to conditions, as he satisfies the legal test and demonstrates commitment to the child.

Court Disposition

Mother's applications for fact finding hearing and psychological report refused; father's application for parental responsibility granted with conditions.

Orders

  • No fact finding hearing to be held.
  • No psychological report to be prepared.