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Jersey Case Law

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Family law [2020] JCA 141A

Applicant parent v Birth Mother and Others

Applicant parent v Birth Mother and Others [2020] JCA 141A (08 July 2020)

Hague Convention child abduction appeal: the Court of Appeal held settlement under Article 12 is assessed at the start of proceedings and allowed the appeal.

  • International child abduction
  • Hague convention 1980
  • Child custody
  • Habitual residence
  • Summary return
  • Settlement exception
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Family law [2018] JRC 102B

E -v- F

E -v- F (Matrimonial) [2018] JRC 102B (13 June 2018)

The Royal Court of Jersey refused the mother’s late application to stay child-residence proceedings in favour of England, citing forum, delay, and welfare concerns.

  • Forum non conveniens
  • Habitual residence
  • Stay of proceedings
  • Child arrangements
  • Judicial continuity
  • Forum-non-conveniens
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Family law [2015] JRC 221

E -v- F (Family)

E -v- F (Family) [2015] JRC 221 (04 November 2015)

The court refused to order a child’s immediate return to Jersey, finding that the child’s stability and ongoing contact with his mother weighed against the injunction.

  • Injunction for return of child
  • Parental responsibility
  • Habitual residence
  • Jurisdiction of court in child matters
  • Child-custody
  • Habitual-residence
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Family law [2014] JRC 150

W -v- X (Family)

W -v- X (Family) [2014] JRC 150 (30 July 2014)

The Royal Court held it had jurisdiction to maintain ex parte residence and parental responsibility orders pending an urgent hearing on the children’s habitual residence.

  • Habitual residence
  • Parental responsibility
  • Ex parte orders
  • Jurisdiction
  • Child abduction
  • Habitual-residence
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Family law [2008] JRC 099

S v S

S v S [2008] JRC 099 (20 June 2008)

The court ordered a mother to return a child to Jersey after finding the child was wrongfully retained in England and that interim stability favoured Jersey.

  • Habitual residence
  • Wrongful retention
  • Interim injunction
  • Parental responsibility
  • Best interests of the child
  • Child-custody
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.