In the matter of H (Care order) [2013] JRC 173 (06 September 2013)

In the matter of H (Care order) [2013] JRC 173 (06 September 2013)

The mother's entrenched drug use, inability to sustain abstinence, disengagement from services, and associated lifestyle create a real risk of significant future harm to the child. The mother's proposed adjournment would cause unacceptable delay, contrary to the child's welfare. Adoption is in the child's best interests, and the mother's refusal to consent is unreasonable and/or she is unfit to have care of the child due to her habits and mode of life.

Citation
[2013] JRC 173
Parties
Applicant: The Minister; Second Respondent: H (the child); First Respondent: The Mother
Jurisdiction
Jersey
Judgment Date
06 September 2013
Procedural Posture
Care and Adoption Proceedings / Final Judgment After Contested Hearing
Outcome
Final care order granted; child freed for adoption; mother's consent dispensed with.
Legal Topics
Care Orders, Adoption Without Parental Consent, Threshold Criteria for Significant Harm, Dispensing With Parental Consent, Best Interests of the Child
Family Law Child Protection Adoption Law Care Orders Adoption Without Parental Consent Threshold Criteria for Significant Harm Dispensing With Parental Consent Best Interests of the Child

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Parties

The Minister

Applicant

H (the child)

Second Respondent

The Mother

First Respondent

Procedural Posture

Care and Adoption Proceedings / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether a final care order should be made in respect of the child
  2. 2 Whether the child should be freed for adoption without the mother's consent
  3. 3 Whether the threshold for significant harm is met

Ratio Decidendi

The mother's entrenched drug use, inability to sustain abstinence, disengagement from services, and associated lifestyle create a real risk of significant future harm to the child. The mother's proposed adjournment would cause unacceptable delay, contrary to the child's welfare. Adoption is in the child's best interests, and the mother's refusal to consent is unreasonable and/or she is unfit to have care of the child due to her habits and mode of life.

Court Disposition

Final care order granted; child freed for adoption; mother's consent dispensed with.

Orders

  • Final care order in favour of the Minister
  • Order freeing the child for adoption