Q v R (Family) [2020] JRC 141 (21 July 2020)

Q v R (Family) [2020] JRC 141 (21 July 2020)

The father's ongoing alcohol misuse, failure to engage in recommended therapy, and chaotic lifestyle pose a risk to Child 2's welfare; direct contact is unsafe, parental responsibility is not in Child 2's best interests, and the court lacks power to order birth certificate re-registration. Indirect contact is permitted at a limited frequency to maintain a tenuous link.

Citation
[2020] JRC 141
Parties
Applicant: Q; Respondent: R
Jurisdiction
Jersey
Judgment Date
21 July 2020
Procedural Posture
Family Law Application / Final Hearing
Outcome
Father's applications for direct contact, parental responsibility, and birth certificate registration dismissed; indirect contact granted.
Legal Topics
Parental Responsibility, Child Contact, Birth Certificate Registration, Alcohol Misuse, Child Welfare
Family Law Parental Responsibility Child Contact Birth Certificate Registration Alcohol Misuse Child Welfare

Case Brief

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Parties

Q

Applicant

R

Respondent

Procedural Posture

Family Law Application / Final Hearing

Legal Issues

  1. 1 Should the father be granted parental responsibility for Child 2?
  2. 2 Should the father's name be inscribed on Child 2's birth certificate?
  3. 3 Should the father be granted direct contact with Child 2?

Ratio Decidendi

The father's ongoing alcohol misuse, failure to engage in recommended therapy, and chaotic lifestyle pose a risk to Child 2's welfare; direct contact is unsafe, parental responsibility is not in Child 2's best interests, and the court lacks power to order birth certificate re-registration. Indirect contact is permitted at a limited frequency to maintain a tenuous link.

Court Disposition

Father's applications for direct contact, parental responsibility, and birth certificate registration dismissed; indirect contact granted.

Orders

  • Father may exercise indirect contact with Child 2 no more than once every two months by letter, card and/or gift.
  • Mother to facilitate sharing of cards, letters, and gifts with Child 2.