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Jersey Case Law

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Family law [2021] JRC 014

D v E (Family) 22-Jan-2021

D v E (Family) 22-Jan-2021 [2021] JRC 014 (22 January 2021)

The Jersey Royal Court declared that a child’s retention in Madeira was wrongful under the Hague Convention, and made a limited injunction and no costs order.

  • International child abduction
  • Hague convention
  • Child custody
  • Parental responsibility
  • Jurisdiction
  • International-child-abduction
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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

A and X; A as Guardian ad litem for Mary and Jane; W v X; In the matter of Mary and Jane and the Children (Jersey) Law 2002 and in the matter of the tutelles of Mary and Jane

The Royal Court ordered tutelles to be constituted for Mary and Jane, after concluding the earlier guardianship proceedings were spent and the real issue was protection of the children’s property.

  • Tutelles
  • Guardianship
  • Parental responsibility
  • Child property
  • Jurisdiction
  • International child abduction
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Family law [2014] 2 JLR 413

In re Max

In re Max [2014] 2 JLR 413 (01 October 2014)

The court refused to order a child’s return under the Hague Convention after finding the father clearly and unequivocally consented to removal to Jersey.

  • International child abduction
  • Consent under hague convention
  • Return of child
  • Family-law
  • International-child-abduction
  • Hague-convention
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Family law [2009] JRC 116

A v G

A v G [2009] JRC 116 (09 June 2009)

The Jersey Royal Court held the father in contempt for failing to return his child to Jersey and imposed eight weeks’ imprisonment, with an early review to encourage compliance.

  • Child custody
  • International child abduction
  • Hague convention
  • Contempt proceedings
  • Sentencing for contempt
  • Contempt-of-court
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Family law [2000] JRC 189

E v W

E v W [2000] JRC 189 (25 September 2000)

A Jersey court ordered a child returned to Belgium, applying the welfare principle in a non-Convention abduction case and confirming interim restraint orders.

  • International child abduction
  • Child custody
  • Non-convention countries
  • Welfare of the child
  • International-child-abduction
  • 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.