B -v- C [2009] JRC 101 (21 May 2009)

B -v- C [2009] JRC 101 (21 May 2009)

Application unsupported by evidence and authority; allegations of bias alone do not justify suspension; court lacks explicit statutory power to suspend Guardian; even if power existed, facts do not warrant exercise of discretion.

Citation
[2009] JRC 101
Parties
Applicant: Representor; Children's Guardian: Jane Ferguson; Children's Representative: Mrs Davies
Jurisdiction
Jersey
Judgment Date
21 May 2009
Procedural Posture
Application for Suspension of Guardian / Interlocutory
Outcome
application refused; representation dismissed
Legal Topics
Recusal of Court Officer, Suspension of Guardian, Allegation of Bias, Parental Alienation, Contact Dispute
Family Law Recusal of Court Officer Suspension of Guardian Allegation of Bias Parental Alienation Contact Dispute

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Parties

Representor

Applicant

Jane Ferguson

Children's Guardian

Mrs Davies

Children's Representative

Procedural Posture

Application for Suspension of Guardian / Interlocutory

Legal Issues

  1. 1 Whether the children's Guardian should be suspended pending hearing of recusal application
  2. 2 Whether allegations of bias justify suspension of a court-appointed officer

Ratio Decidendi

Application unsupported by evidence and authority; allegations of bias alone do not justify suspension; court lacks explicit statutory power to suspend Guardian; even if power existed, facts do not warrant exercise of discretion.

Court Disposition

application refused; representation dismissed

Orders

  • Representor directed to cooperate with Guardian in every respect pending recusal hearing
  • Guardian to continue fulfilling functions as court-appointed Guardian until recusal application is heard