R v V [1998] JLR 333 (09 October 1998)

R v V [1998] JLR 333 (09 October 1998)

The court may vary the terms of access to allow children to be taken abroad if it is in their interests, with the burden on the parent without care and control to show removal is inappropriate, and the children's interests are paramount.

Citation
[1998] JLR 333
Parties
Prosecutor: R; Defendant: V
Jurisdiction
Jersey
Judgment Date
09 October 1998
Procedural Posture
Family Law Children / Judgment on Application for Removal of Children From Jurisdiction
Outcome
Application may be granted if in children's interests; burden on opposing parent to show otherwise.
Legal Topics
Children, Removal From Jurisdiction, Variation of Access, Paramountcy of Children's Interests
Family Law Children Removal From Jurisdiction Variation of Access Paramountcy of Children's Interests

Case Brief

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Parties

R

Prosecutor

V

Defendant

Procedural Posture

Family Law Children / Judgment on Application for Removal of Children From Jurisdiction

Legal Issues

  1. 1 Whether the court should allow children to be taken abroad by varying terms of access
  2. 2 What is the burden on the parent without care and control to oppose removal
  3. 3 What factors should be considered in determining the children's best interests

Ratio Decidendi

The court may vary the terms of access to allow children to be taken abroad if it is in their interests, with the burden on the parent without care and control to show removal is inappropriate, and the children's interests are paramount.

Court Disposition

Application may be granted if in children's interests; burden on opposing parent to show otherwise.