The X Children v Minister for Health and Social Services [2013] JRC 087 (13 May 2013)

The X Children v Minister for Health and Social Services [2013] JRC 087 (13 May 2013)

The Court directed that further psychiatric and psychological assessments of all three children should proceed, with specific directions regarding timing and process, and that ongoing disclosure obligations must be met through verified affidavits. The consent order on disclosure is discharged and replaced with a new procedure for disclosure, subject to agreement between the parties and liberty to apply for specific discovery if necessary.

Citation
[2013] JRC 087
Parties
Plaintiffs: A, B, and C (the children); Defendant: The Minister
Jurisdiction
Jersey
Judgment Date
13 May 2013
Procedural Posture
Child Welfare Proceedings / Directions Hearing
Outcome
Directions issued; consent order on disclosure discharged; further expert assessments ordered; costs in the cause; liberty to apply.
Legal Topics
Disclosure Obligations, Expert Evidence, Guardian Ad Litem Duties, Psychological Assessment, Psychiatric Assessment
Family Law Child Welfare Disclosure Obligations Expert Evidence Guardian Ad Litem Duties Psychological Assessment Psychiatric Assessment

Case Brief

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Parties

A, B, and C (the children)

Plaintiffs

The Minister

Defendant

Procedural Posture

Child Welfare Proceedings / Directions Hearing

Legal Issues

  1. 1 Whether further psychiatric and psychological assessments of the children are required
  2. 2 Whether the guardian ad litem is entitled to ongoing disclosure of information regarding the children
  3. 3 Timing and process for psychological assessment of the second plaintiff (B)

Ratio Decidendi

The Court directed that further psychiatric and psychological assessments of all three children should proceed, with specific directions regarding timing and process, and that ongoing disclosure obligations must be met through verified affidavits. The consent order on disclosure is discharged and replaced with a new procedure for disclosure, subject to agreement between the parties and liberty to apply for specific discovery if necessary.

Court Disposition

Directions issued; consent order on disclosure discharged; further expert assessments ordered; costs in the cause; liberty to apply.

Orders

  • Dr Mair Edwards to be jointly instructed to assess all three plaintiffs as child psychologist.
  • Dr Markantonakis to carry out further psychiatric assessment of C and review B's case in light of new evidence.