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Children (Jersey) Law 2002 – a procedural guide

Where to find the Law

See the Children (Jersey) Law 2002, Children Rules 2005 and Children (Parental Responsibility Agreement) Rules 2005. 

Definition of 'child'

“Child” usually means someone who is under 18. However, certain orders, such as a residence order or contact orders, don’t usually apply to a person over 16. If the Court finds there are exceptional circumstances, an order can last longer. A child maintenance order may continue beyond 18 (if, for example, the young person is in full time education).

The welfare of the child and the ‘no order’ principle 

The child’s welfare is the main consideration of the Court. It will have regard to the ‘welfare checklist’ as set out in article 2 of the Children (Jersey) Law 2002. The court will put your children’s best interests first and this may be different to what you want.  

The Court will only make an order if it thinks that it would be best for the child. Sometimes the Court may decide that it would be best not to make any order. This is known as the ‘no order’ principle.’  

In any case involving a child’s upbringing, the court should avoid delays, as they can harm the child’s welfare. This is known as the ‘no delay’ principle. 

The welfare checklist: 

Is a set of guidelines used by the court to ensure that decisions about children are made in their best interests. Here are the main points: 

Wishes and feelings of the child: 

The court considers the child's own views and preferences, taking into account their age and maturity. For example, older children’s opinions might carry more weight. The court will seek to ensure these wishes are genuine and not influenced by others 

Physical, emotional, and educational needs: 

This includes the child's basic needs like food, shelter, and healthcare, as well as emotional support and educational opportunities. The court evaluates which parent or guardian can best meet these needs, both now and in the future 

Impact of changes: 

The court looks at how any changes in the child's life, such as moving to a new home or changing schools, might affect them. The goal is to minimize disruption and ensure stability 

Age, sex, background, and characteristics: 

The court considers the child's age, gender, cultural background, and any other relevant traits. This helps in understanding the child's unique needs and ensuring decisions are tailored to their specific situation 

Harm suffered or risk of harm: 

The court assesses any harm the child has already experienced or might experience in the future. This includes physical, emotional, and psychological harm. Protecting the child from harm is a top priority 

Parental capability: 

The court evaluates each parent's ability to care for the child. This includes their ability to provide a safe and nurturing environment, meet the child's needs, and support their development 

Range of powers available to the court: 

The court considers all the legal options available to make the best decision for the child. This might include residence and contact arrangements, and other orders to ensure the child's welfare 

At the end of this section are some of the orders which the Court can make and who may apply for them. The Court may also change (vary) an order or end an order (discharge the order). 

Children (Jersey) Law 2022: A procedural guide

1. Who may apply for an order?

You only have the right to apply if you are someone shown in the table at the back of the booklet. If you want to apply for an order which deals with maintenance for a child, you must also be at least 18 years old. The table at the back shows who can apply for orders without leave. It also shows who has the right to apply for different types of orders. For some orders, you cannot apply for the order unless you have the Court’s permission (‘leave’) to make the application in the first place. An application for leave is made on Form C2 which is also obtainable from the Family Division.

Who are the “parties” in a case?

These may include: 

  • Everyone who could apply for the order if they wanted to (see the table)
  • Everyone who has parental responsibility (see above)
  • Anyone whom the Court has ordered to be made a “party” to the case. If someone else has applied for a Court Order without including you as a party to the proceedings, and you think you should be, apply to be joined as a party, file a Form C2.

2. Orders that may be made 

These are the Court orders that are most usually sought – 

Parental responsibility orders (see above). 

Article 10 orders. 

  • A residence order. This order states with whom the child is to live. It lasts until the child is 16 or for longer if the Court finds that there are exceptional circumstances. A residence order can be granted to more than one person (shared residence).
  • A contact order. This order specifies arrangements between a child and a non-resident parent or other significant individuals. It ensures that the child and non-resident parent can maintain their relationship. Arrangements for contact can include direct contact (like visits) and indirect contact such as phone calls or letters. As with residence orders, contact orders continue until the child is 16 years. The Court will only make contact orders for children over 16 years old in exceptional circumstances.
  • A prohibited steps order which restricts certain actions that could affect the child’s welfare, such as taking the child out of the country or making significant decisions about their education or medical treatment. The court will assess the child’s best interests before granting the order, ensuring that any restrictions are necessary and proportionate.
  • A specific issue order provides directions to resolve specific disputes or questions about a child’s upbringing, such as decisions about their education, medical treatment or religious upbringing. The court considers the child’s best interests when making a decision, ensuring that the outcome supports the child’s welfare.

Article 14 orders are orders designed to ensure that significant changes in a child’s life are made with proper consideration of the child’s best interests. There are two types of Article 14 orders – 

  • Removal from Jersey: an application to remove the child from Jersey for the purposes of permanently relocating to a new home
  • Change of a child’s surname: an application to legally change a child’s surname

Financial provision for children (Schedule 1 orders)

  • Allows the Court to make financial orders for the benefit of a child. This can include periodical payments. An order may continue beyond 17 where the child is going on to further education, training or in exceptional circumstances. Lump sum and property transfer orders may be applied for.

3. The Forms you need

If you apply for an order for more than one child or for more than one order. You have to use the SAME form.

Applications for parental responsibility, Article 10 or Article 14 order

  • To seek leave of the court to make an application for an order   Form C1
  • For an order where leave is not required C100
  • To be joined to an existing application  C2
  • To seek directions C2
  • To seek an order in existing proceedings C2

Financial applications – non –divorce proceedings only

  • If you apply for a financial order(s), or a discharge or variation of financial order(s) in respect of a child or children, complete  Form C1;  and
  • Form C3 – supplement for an order for financial provision for a child or variation of financial provision for a child;

If there are divorce proceedings, the Court will deal with financial claims for children in the Divorce proceedings. You must use the form required by the Matrimonial Causes Rules 2005.

Non-Disclosure of address

If you do not wish to reveal your address (or that of the child) file a Form C14 with your above application.

4. Court fees

Court fees will be payable unless your financial circumstances are such that you are not required to pay. Further information can be obtained on request from the Viscount’s Department. The court fees payable are shown under Family Division – Services and Fees.

5. Completing the Forms

How you ask the Court to make a decision? 

  • Apply for an order, by filling in the appropriate application form(s), as set out above. You may apply for more than one order, but must use the same form. If more than one applicant, both must sign
  • In emergency cases, the Court may allow you to apply without telling the other party or parties, (ex parte). In such circumstances you are advised to seek legal advice
  • Make sure you keep copies of the forms
  • If you fail to provide the full details as required on the form(s), your case will be delayed for the information to be provided by you

Who are the respondents? 

In all cases, the respondents are everyone who you believe has parental responsibility. In addition:- 

  • if you are applying to vary or discharge an existing order, this also means everyone named in the existing order who is not the child
  • for financial orders, name everyone who you believe may be affected by the application. If varying a financial order name everyone stated in the order who is not a child
  • if applying to discharge a guardian order, also the parties in the application for the appointment of a guardian
  • if applying for a discharge of a parental responsibility order, name the people in the application for a parental responsibility order

Others to whom notice should be given

There may be no other persons to whom notice is to be given, and if so you will state “None”. However, if there are other persons to be notified, they are set out in schedule 1 of the Children Rules 2005.

Your address and contact details

The court needs your address, telephone number and e-mail details to contact you. If you do not wish your address and/or contact details of a child made available to the other party or parties, you must complete C14 (Confidential Address Form).

Where does the child(ren) live?

If more than one address, provide these and state with whom the child lives, for example, partners, aunts, uncles, grandparents. See above about form C14.

Children’s Service

The Court needs to know if the child or children are the subject of child protection orders, for example, care orders, on the child protection register or known to Children’s Service. The Court may seek more information from the Children’s Service.

Security

If you are worried about security at Court, please let the Court staff know.

Filing your papers at Court

The court will check your form. If you have given all the information and, where necessary, provided the Court fee, the Court will give you a file number and the date and time when the Court will first consider (hear) your case. The processed forms will be returned to you for service. Remember: Keep copies of all documents filed by you at Court. If you fail to do so, you there is a photocopying charge.

Serving the forms

You must then serve the form(s) on the respondent(s), and if there are other persons to whom notice must be given to them. The forms must be served so that you give at least two clear working days’ notice before the PDH. YOU ARE RESPONSIBLE FOR SERVICE. There are rules about service, and if someone has a lawyer acting for them, you must serve the lawyer. In an emergency, the Court may allow you to apply ex-parte (that is without serving the forms on the respondent(s).

If you do not want the case to continue when you have given your forms to the Court, you may subsequently apply for leave to withdraw your case.

The Preliminary Directions Hearing (PDH)

If you have lawyers acting for you, only they need attend. However if you do NOT have lawyers you MUST attend. The Registrar will find out firstly whether you are both willing to attend mediation. If so, the application is likely to be adjourned so that mediation can take place.

If mediation is not possible (or fails), then a date for a Case Review Hearing will be given when the parties and their lawyers (if instructed) must attend. The Registrar normally requires each party to speak to a Jersey Family Court Advisory Service (JFCAS) Officer before the Case Review hearing (see below) and will, unless not appropriate, expect parties to attend the “Keeping Children In Mind” course.

Meeting with a JFCAS Officer

You will be required to attend a meeting with a JFCAS officer. JFCAS look after the interests of children involved in family proceedings and advise the Court on what they consider are the best interests of the children. They carry out checks with other organisations in particular the Children’s service and the police and you will be required to complete police check forms. The court expects parents to attend the “Keeping Children In Mind” course, but the JFCAS office will inform the Court if someone should not attend the course.

The Case Review Hearing (CRH)

The parties AND their lawyers MUST attend.

The purpose of the Case Review Hearing is to determine whether anything can be done to sort out the dispute, and find out what outstanding areas of disagreement need to be addressed.

Sometimes, as a result of this process, agreed orders can be made. Even if there is not full agreement, there may be agreement as to certain aspects of the dispute, and interim or full orders may be made.

However, it may be necessary for a welfare report to be ordered and a date set for a final full hearing of the case. Directions may be made as to the filing of evidence, including what witnesses, if any, are to attend and if necessary, medical reports.

A welfare report will be prepared by a JFCAS officer.

The Final Hearing

You, your lawyer and the witnesses, together with the JFCAS officer must attend the final hearing. Difficult or lengthy cases may be referred to the Inferior Number of the Royal Court (i.e. the Bailiff or the Deputy Bailiff sitting with two Jurats).