Jersey Unreported Judgments

Child custody - application by the minister pursuant to Article 12 of the Adoption (Jersey) Law 1961 that the child be freed for adoption.

[2012]JRC080B

Royal Court

(Family)

19 April 2012

IN THE MATTER OF TT

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

Advocate D. C. Robinson for the Minister.

Advocate R. E. Colley for the Mother.

Advocate E. J. Le Guillou for the Father.

judgment

the commissioner:

1.        The Minister seeks an order, pursuant to Article 12 of the Adoption (Jersey) Law 1961 ("the Adoption Law"), that TT be freed for adoption.  The parties to the proceedings are the Minister, TT's mother , and TT's father.  Mrs Jane Whittaker has been appointed as Guardian for TT. 

2.        There has been a history of Children's Service involvement with the family.  TT's sister A was made subject to an emergency protection order on 30^th May, 2008, and then an interim care order on the 27^th June, 2008.  Due to progress made by the parents proceedings were withdrawn on 13^th May, 2010.  A was subsequently placed in the care of the maternal grandmother Mrs D, and a residence order granted in her favour on 28^th September, 2011. 

3.        TT was born in July 2010.  The father (who does not have parental responsibility) assaulted TT on 18^th August, 2010.  She was immediately removed to the care of the hospital, and then to foster carers on 27^th September, 2010 and she has remained in the care of foster parents since that date.  The father was charged with grave and criminal assault on TT and pleaded guilty on 10^th December, 2010, and imprisoned consequently.  He was released from prison on 18^th August, 2011. 

4.        On 15^th August, 2011, the Minister made an application for an interim care order; the reasons for that application are detailed in the social worker's first statement.  At the time the parties opposed the minister's application but subsequently accepted that the criteria under Article 31 of the Children (Jersey) Law 2002 ("the Children's Law") had been met and an interim care order was required.  The mother wished to be considered as a carer for TT and the father sought contact with her. 

5.        Following the granting of an interim care order on 28^th September, 2011, the assessment process for the parents commenced.  However, on 16^th January, 2012, the mother confirmed to the social worker that she no longer wished to be considered as a carer for TT and consented to her being adopted. 

6.        On 30^th January, 2012, the mother signed the consent adoption form pursuant to rule 6 of the Adoption Rules 1962.  The father also subsequently on 24^th February, 2012, consented to TT's adoption and confirmed that he would not be making an application for parental responsibility or residence of TT.  We note that his letter is incorrectly dated 2011. 

7.        We heard evidence from Mrs Mundy, the social worker, and the Guardian, who both confirmed their respective reports.  Neither the mother or the father were present in Court having been excused from attending. 

8.        Turning to the law, Article 3 of the Adoption Law states that:-

"In reaching any decision relating to the adoption of infants the Court or the Minister shall have regard to all the circumstances, first consideration being given to the need to safeguard and promote the welfare of the infant throughout the infant's childhood, and shall, so far as practicable, ascertain the wishes and feelings of the infant regarding the decision and give due consideration to them, having regard to the infant's age and understanding."

9.        Article 12 (1) deals with the applications for freeing for adoption and provides:-

"Where, on an application by the Minister, the court is satisfied in the case of each parent or guardian of the infant that -

(a)       the person freely, and with full understanding of what is involved, agrees generally and unconditionally to the making of an adoption order; or

(b)       the person's agreement to the making of an adoption order should be dispensed with on a ground specified in Article 13(2),

the Court shall make an order declaring the infant free for adoption."

10.      When a freeing order is made by virtue of Articles 12 and 20 of the Adoption Law any existing orders made under the Children Law are extinguished unless the Court directs otherwise.  Article 12(5) provides:-

"On the making of an order under this Article parental responsibility for the infant is given to the Minister and Article 20(2) applies as if the order were an adoption order and the Minister was the adopter."

11.      Article 20(2)(a)(i) and (ii) of the Adoption Law provides:-

"Where an adoption order is made -

(a)       the following are extinguished -

(i)        the parental responsibility which any person has for the infant immediately before the making of the order,

(ii)       any order under the Children (Jersey) Law 2002 unless the court directs otherwise..."

12.      Thus once TT is freed for adoption her mother will cease to have parental responsibility for her and she will no longer be subject to an interim care order. 

13.      There are two matters upon which we have to be satisfied before making an order freeing TT for adoption to set out in Articles 12(6) and (7) of the Adoption Law.  Those provide:-

"(6)     Before making an order under this Article, the Court shall satisfy itself, in relation to each parent or guardian of the infant who can be found, that the person has been given an opportunity of making, if the person so wishes, a declaration that he or she prefers not to be involved in future questions concerning the adoption of the infant, and any such declaration shall be recorded by the Court.

(7)       Before making an order under this Article in the case of an infant whose father does not have parental responsibility for the infant, the Court shall satisfy itself in relation to any person claiming to be the father that -

(a)       the person has no intention of applying within the next 6 months for an order under Article 5 of the Children (Jersey) Law 2002 or a residence order under Article 10 of that Law; or

(b)       if the person did make any such application, it would be likely to be refused."

14.      We are satisfied that the mother has been given the opportunity of making such a declaration and has declined to do so.  She does therefore wish to receive progress reports which Mrs Mundy has informed us will be provided.  Insofar as the father is concerned he has, as previously mentioned, confirmed that he has no intention of making an application either for parental responsibility or a residence order. 

15.      Being so satisfied therefore and having heard the submissions of Advocate Colley, we are satisfied that the mother freely and with full understanding of what is involved, agrees generally and unconditionally to the making of an adoption order. 

16.      We realise what a difficult, if not agonising, decision that must have been for the mother and in making that decision it is clear to us that she has acted in the very best interests of TT.  

17.      We therefore make the order freeing TT for adoption and we note that the minister's application for a care order is withdrawn. 

Authorities

AG-v-T [2010] JRC 222.

Adoption Rules 1962.

Children (Jersey) Law 2002.