In the matter of E (Care order) [2014] JRC 015 (20 January 2014)

In the matter of E (Care order) [2014] JRC 015 (20 January 2014)

The threshold criteria for a care order and freeing for adoption under Article 24(2) Children (Jersey) Law 2002 were met due to significant harm suffered by the child attributable to parental care. Both parents freely and unconditionally consented to adoption. Adoption is the only viable option to secure the child's welfare and permanence.

Citation
[2014] JRC 015
Parties
Applicant: the Minister; First Respondent: the mother; Second Respondent: the father; Guardian: the guardian
Jurisdiction
Jersey
Judgment Date
20 January 2014
Procedural Posture
Care and Adoption Proceedings / Final Judgment
Outcome
final care order granted; child freed for adoption
Legal Topics
Care Orders, Adoption, Child Welfare, Parental Consent
Family Law Child Protection Care Orders Adoption Child Welfare Parental Consent

Case Brief

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Parties

the Minister

Applicant

the mother

First Respondent

the father

Second Respondent

the guardian

Guardian

Procedural Posture

Care and Adoption Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the threshold criteria for a care order and freeing for adoption are met
  2. 2 Whether adoption is in the child's best interests
  3. 3 Whether parental consent is informed and unconditional

Ratio Decidendi

The threshold criteria for a care order and freeing for adoption under Article 24(2) Children (Jersey) Law 2002 were met due to significant harm suffered by the child attributable to parental care. Both parents freely and unconditionally consented to adoption. Adoption is the only viable option to secure the child's welfare and permanence.

Court Disposition

final care order granted; child freed for adoption

Orders

  • final care order in relation to the child
  • child freed for adoption