In the matter of E [2011] JRC 092B (03 May 2011)

In the matter of E [2011] JRC 092B (03 May 2011)

The Court found special circumstances justifying the adoption order due to the exceptional parenting abilities of PS and MS, the stability and happiness provided to E, and the absence of risk factors contemplated by Article 11(3). The best interests of E require granting both the adoption and the residence order.

Citation
[2011] JRC 092B
Parties
Applicant: PS; Partner: MS; Subject Child: E; Amicus Curiae: Crown Advocate
Jurisdiction
Jersey
Judgment Date
03 May 2011
Procedural Posture
Adoption Application / Final Judgment
Outcome
application granted
Legal Topics
Adoption, Same Sex Relationships, Statutory Interpretation, Child Welfare

Case Brief

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Parties

PS

Applicant

MS

Partner

E

Subject Child

Crown Advocate

Amicus Curiae

Procedural Posture

Adoption Application / Final Judgment

  1. 1 Whether special circumstances exist to justify adoption by a sole male applicant of a female child under Article 11(3) of the Adoption (Jersey) Law 1961
  2. 2 Whether a residence order should be granted to MS under Article 10 of the Children (Jersey) Law 2002

Ratio Decidendi

The Court found special circumstances justifying the adoption order due to the exceptional parenting abilities of PS and MS, the stability and happiness provided to E, and the absence of risk factors contemplated by Article 11(3). The best interests of E require granting both the adoption and the residence order.

Court Disposition

application granted

Orders

  • Adoption order granted in favour of PS for E.
  • Residence order granted in favour of MS for E under Article 10 of the Children (Jersey) Law 2002.