In the matter of FF (Care Proceedings) [2020] JRC 084 (13 May 2020)

In the matter of FF (Care Proceedings) [2020] JRC 084 (13 May 2020)

The Court refused the Guardian's application because Article 27(4) does not give the Court jurisdiction to prohibit the Minister from allowing contact when the Minister supports it. The Court accepted the social worker's evidence that contact was in FF's best interests and found no sufficient reason to prevent contact under the circumstances.

Citation
[2020] JRC 084
Parties
Applicant: The Minister; Respondent/applicant: B; Child: FF; Applicant: The Guardian
Jurisdiction
Jersey
Judgment Date
13 May 2020
Procedural Posture
Child Care Proceedings / Post Interim Care Order, Applications Regarding Contact
Outcome
Guardian's application refused; no order made on B's application as parties agreed on contact arrangements.
Legal Topics
Interim Care Orders, Contact With Children in Care, Jurisdiction Under Article 27 Children (jersey) Law 2002
Family Law Child Protection Interim Care Orders Contact With Children in Care Jurisdiction Under Article 27 Children (jersey) Law 2002

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Parties

The Minister

Applicant

B

Respondent/applicant

FF

Child

The Guardian

Applicant

Procedural Posture

Child Care Proceedings / Post Interim Care Order, Applications Regarding Contact

Legal Issues

  1. 1 Whether the Court can prohibit the Minister from allowing contact between a child in care and a parent when the Minister supports contact
  2. 2 Interpretation of Article 27(4) of the Children (Jersey) Law 2002

Ratio Decidendi

The Court refused the Guardian's application because Article 27(4) does not give the Court jurisdiction to prohibit the Minister from allowing contact when the Minister supports it. The Court accepted the social worker's evidence that contact was in FF's best interests and found no sufficient reason to prevent contact under the circumstances.

Court Disposition

Guardian's application refused; no order made on B's application as parties agreed on contact arrangements.

Orders

  • Refusal of Guardian's application to prohibit contact.
  • No order made on B's application regarding increased contact, as agreement was reached.