T and U -v- S (Family) [2014] JRC 155B (12 August 2014)

T and U -v- S (Family) [2014] JRC 155B (12 August 2014)

The welfare of the children is paramount. The father's relocation proposal is genuine, practical, and necessary for financial stability. The move to Guernsey will not negatively impact the children and is in their best interests. Shared residence orders are not appropriate as they do not reflect the practical realities and would not benefit the children. Contact arrangements for Lily are ordered as recommended by the Guardian; no prescriptive order for Archie and Charlotte, but indirect and direct contact is encouraged.

Citation
[2014] JRC 155B
Parties
Mother: S; Father: T; Father's Partner: U; Child: Archie; Child: Charlotte; Child: Lily; Children's Advocate: Advocate Heath
Jurisdiction
Jersey
Judgment Date
12 August 2014
Procedural Posture
Family Law Residence and Relocation / Final Hearing
Outcome
Father's application for leave to relocate granted; shared residence applications refused; contact orders made as specified.
Legal Topics
Residence Orders, Relocation, Contact Orders, Shared Residence, Parental Responsibility
Family Law Child Welfare Residence Orders Relocation Contact Orders Shared Residence Parental Responsibility

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Parties

S

Mother

T

Father

U

Father's Partner

Archie

Child

Charlotte

Child

Lily

Child

Advocate Heath

Children's Advocate

Procedural Posture

Family Law Residence and Relocation / Final Hearing

Legal Issues

  1. 1 Whether leave should be granted for the father to relocate the children from Jersey to Guernsey
  2. 2 Whether shared residence orders should be made for either parent or for the father's partner
  3. 3 Appropriate contact arrangements for the mother with the children

Ratio Decidendi

The welfare of the children is paramount. The father's relocation proposal is genuine, practical, and necessary for financial stability. The move to Guernsey will not negatively impact the children and is in their best interests. Shared residence orders are not appropriate as they do not reflect the practical realities and would not benefit the children. Contact arrangements for Lily are ordered as recommended by the Guardian; no prescriptive order for Archie and Charlotte, but indirect and direct contact is encouraged.

Court Disposition

Father's application for leave to relocate granted; shared residence applications refused; contact orders made as specified.

Orders

  • Children to reside with father; father granted leave to remove children from Jersey to Guernsey.
  • Mother's application for shared residence order refused.