Jersey Unreported Judgments

Care Proceedings - reasons in relation to application for an interim residence order and application to remove from the jurisdiction.

[2016]JRC026A

Royal Court

(Family)

28 January 2016

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Crill and Ramsden

IN THE MATTER OF THE REPRESENTATION OF A (THE MOTHER)

AND IN THE MATTER OF GEORGIA (INTERIM RESIDENCE ORDER) AND APPLICATION TO REMOVE FROM THE JURISDICTION

AND IN THE MATTER OF THE CHILDREN (JERSEY) LAW 2002

Advocate L. J. Glynn for the Representor.

Advocate C. G. Hillier for the Father.

judgment

the deputy bailiff:

1.        On 28^th January, 2016, the Court made an order for interim residence in respect of Georgia ("the child") and permitted the removal of Georgia from the jurisdiction pending determination of substantive orders for residence and permanent leave to remove.  In doing so the Court indicated it would give brief reasons which we now do. 

2.        The application before the Court was brought by A ("the mother").  B ("the father") was not present for this application but was represented through counsel.  The mother's representation seeks an order removing Georgia, who was born in 2014, permanently from the jurisdiction and a residence order in her favour with respect to Georgia.  What is before us today, however, is an application for an interim residence order and the temporary removal of Georgia from the jurisdiction whilst the final application is dealt with. 

3.        Georgia is one of seven children of the mother all of whom generally reside with her.  Georgia has lived with her mother since birth and the mother is the primary carer for all of her seven children.  The father has parental responsibility pursuant to an agreement to that effect of 5^th July, 2014, and he does not consent to Georgia's permanent removal from the jurisdiction. 

4.        It is not necessary, at the stage of considering these interim applications, to look into the detail of the background to this matter.  Suffice to say that the mother has made allegations of domestic abuse against the father and the mother and father are no longer in a relationship.  The father has pleaded guilty to a charge of harassment of the mother and at the time of the application before us he was waiting to be sentenced.  The mother has herself been charged with an offence of grave and criminal assault on a person who is understood to be the father's new girlfriend and she has pleaded not guilty and is awaiting trial. 

5.        There have been attempts to agree contact arrangements both directly between the mother and the father and via their legal representatives but these have not been successful.  It is suggested to us that conflicting views have been communicated by the Children's Service to the mother and father but there has been no direct correspondence from the Children's Service in connection with their stance in relation to contact arrangements. 

6.        The mother's mother lives in France.  It is the mother's wish to relocate all of her children to France and indeed four have already moved to France and live with their grandmother.  It is the mother's wish to remove the other three children and to set up permanent home in France initially with her mother. 

7.        The mother had originally taken all of the children to France for a brief period and then returned with them although subsequently taking five of the children, as we have said, to France returning with Georgia on 22^nd January, 2016.  We are informed that the purpose of her return was to take the remainder of her children to France, collect her belongings and to deal with the charges pending against her in the Magistrate's Court by surrendering to bail.  It is of note that she has failed to surrender to bail on one previous occasion but now has voluntarily come back to Jersey for that purpose.  At the time of the application before us, therefore, four of the mother's children are in France with their grandmother and she wishes to take the remaining three, including Georgia, to France with her. 

8.        As we have said the application before us was for an interim residence order and temporary leave to remove Georgia from the jurisdiction. 

9.        In support of that application we have an affidavit from the mother who also gave evidence before us.  She confirmed that whereas she had no desire to stop the father from seeing Georgia she was desperately in need of a fresh start and was suffering from very substantial stress.  She does not doubt that the father loves Georgia but she is concerned that he is not acting in Georgia's best interests and understands the Children's Service to be concerned were the father to have unsupervised access to Georgia by reason of his "life choices" as she puts it.  It is clear, however, that whereas the mother is the primary carer for Georgia for some period the mother and father did live together so Georgia has lived in the father's company. 

10.      It is also clear from her evidence that the mother suffers from acute anxiety and her relationship with the father and indeed the harassment conviction of the father and the charge against the mother of grave and criminal assault, which she denies, emphasised how difficult the situation is.  There were also allegations that the mother had colluded with the father in the breach of his bail conditions and the situation appears to the Court generally to be unsatisfactory. 

11.      The mother in evidence told us of the living arrangements for the family in France, the fact that schooling and nursery care was available and that four of the children have already been enrolled in school in France.  She clearly wishes to return to France to be with her children there and to take two of the children with her in addition to Georgia.  If we do not, therefore, at this point grant a temporary order in effect either the mother will be isolated from a number of her children and have to remain in Jersey or, alternatively, Georgia, who has known no other primary carer, would have to be left in Jersey whilst the mother goes elsewhere with all of the other children.  Neither of these outcomes appears to us to be satisfactory or indeed in Georgia's interests. 

12.      Having heard the evidence from the mother we understand that for her own wellbeing and therefore, indirectly, for the wellbeing of all of her children, she needs to be at some distance from the father and from the father's family.  We make no findings or indeed comment about the allegations that we have heard other than we accept that the mother is highly anxious and indeed she presented as such before us.  The mother was also worried about Georgia being "caught up" in the relationship that the father has with his new girlfriend. 

13.      We had the benefit of the evidence from Mr Wicheous Bera who was the social worker allocated to the family since 26^th November, 2015.  Although Mr Bera was able to help us with the background to questions of contact he did not feel able to make a positive recommendation to the Court as to where Georgia's best interests lay in terms of a temporary removal with her mother to France.  He did, however, confirm that the Children's Service would not support unsupervised contact between the father and Georgia and this it seems to us is highly relevant to our consideration of where, at this point, Georgia's interests lie. 

14.      We also heard from counsel on behalf of the father, and submissions were made, relating to the use of social media which seemed to have been used wholly inappropriately in connection with this case. 

15.      The mother gave undertakings through counsel to co-operate fully with the Children's Service and to return Georgia from France whenever necessary for the purposes of the final application.  We were informed also that the Children's Service in Jersey are able to liaise with their French counterparts as necessary in connection with Georgia. 

16.      This is, as counsel have both said, a difficult decision which we are called upon to make at short notice.  We keep very much in mind the paramountcy principle and we must have first thought to the welfare of the child whose interests are before us today.  We note that the mother is the child's primary carer and has been primary carer from the child's birth.  Although the father has undoubtedly lived for a period with the child that does not detract from the fact that as far as the child is concerned the mother is the primary carer. 

17.      We think that it is important that the siblings are kept together and that this family lives as a family in so far as it is able to do so.  We bear in mind that the recommendation of the Children's Service is currently that the father should not have unsupervised contact and it seems to us that questions relating to contact are to be worked out.  Balancing the factors that seemed to us to be important, we think that the best course in the interests of this child is to allow the mother a temporary residence order and permission to return to France with the child so that the family can be together.  We accept having heard the evidence that the mother is under very substantial stress and difficulties at the moment and in part our decision is based on our view that it is in the interests of the child and indeed the other children whose welfares are not before us today, that the mother have the support she needs to, as she would say it, put her life together. 

18.      We note the undertakings that the mother, through counsel, has given and we will wish to see them reflected in the order of the Court and we direct that the mother must cooperate fully with this Court and attend all court appearances that she is called upon to do.  We also note the possibility of a mirror order and we would expect to see that explored and obtained as soon as possible. 

19.      The issue of contact is a difficult one and there is no clear guidance at the moment as to the way contact should be organised.  We make no order for defined contact but we do think that it is important that, in so far as it is possible, the father maintain contact with the child over the period that the child is resident in France prior to any final order the Court might make.  We therefore direct that contact should take place in accordance with the guidance provided by the Children's Service who, it seems to us, would be best placed to try and bring a measure of order to what appears to have been chaotic up to now. 

20.      We make the orders in the directions proposed by the father adding to them as a first direction that a full welfare report should be obtained.  It is essential when the Court comes to determine what the permanent orders should be that it has before it the benefit of full argument and full information and we therefore express the hope that that report can be provided within a period that will permit this final application to be dealt with as quickly as possible.  The Children's Service are in a position to liaise with their French counterparts and we assume that that is what will take place. 

21.      There is one last thing that we would wish to say.  There is no benefit to either party in this case in purporting or attempting to conduct any kind of positioning or battle by social media.  It is wholly inappropriate to post anything in connection with this case on social media and nor is any party going to be advantaged should they put abusive or difficult things on social media in connection with it.  We will come to hear about it because the other party will tell us and it will not advance their case, on the contrary it may disadvantage their case.  We say that because we have not been impressed by the use of social media that has been presented to us today. 

22.      So we have given directions for moving to a final hearing.  We have made it clear, we hope, that the mother is to cooperate fully and to return whenever called upon to do so, that is not only for court hearings but to cooperate with Children's Service and the preparation of any report.  If the mother needs to come back with Georgia for the preparation of a report in Jersey then she must make arrangements to do that. 

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