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
Summary, issues, holding and outcome
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Parties
PS
Applicant
MS
Partner
E
Subject Child
Crown Advocate
Amicus Curiae
Procedural Posture
Adoption Application / Final Judgment
Legal Issues
- 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 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.
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