Children
Guidance if you need to make or change arrangements for your children with the other parent, member of the family or interested parties
-
Provides guidance about reaching an agreement without going to court
-
Provides information if you want to make an application to the court about a child
-
Explains parental responsibility: what it is, who has it, and how to agree on it or apply for it
-
Details other orders you can ask for, who can apply for them, and how to apply
-
Describes the Court process
Parenting Plan and sorting out arrangements
As you know your child[ren] best, you should be best able to make arrangements for them which suit their needs.
Try to reach agreement. A constructive approach will help the children to adjust to changes.
The Jersey Family Court Advisory Service (JFCAS) have a booklet called “Parenting Plan – Planning for your Children’s Future”. It will to help you agree on what may work best for your children and for both of you. Get the "Parenting Plan" from the Family Court , Judicial Greffe or download from the Children Forms and Applications section – Parenting Plan.
Sort out matters yourselves if at all possible. If you cannot agree on the arrangements, you may be able to sort these out by attending mediation.
Family mediation
Mediation is a way of settling differences about children. Family mediation can be faster, cheaper and easier than going to Court. You can mediate during and/or after the breakup of a relationship
Mediators will remain impartial and not take sides. The mediators can help you and your ex-partner agree the best arrangements your children. A mediator will not tell you what to do but will help you both to see if there is any way that you can agree with each other.
Not all cases are suitable for mediation. Mediators will not start mediation if they think it is not appropriate. For example, not where there has been violence in your relationship or there are serious welfare concerns.
Anything you talk about during mediation will usually stay private. It will not be reported to the court unless there are issues of child protection or alleged criminal offences . If you apply for a court order, the court will ask if you have attended mediation. The application may be adjourned so you can attend mediation.
The Family Court offers a free mediation service Family Foundation
You can contact Family Mediation Jersey Telephone: +44 (0) 1534 638898 or visit their website at www.fmj.je
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).
The Law says what parental responsibility is and who has it. If you have “parental responsibility” you have all the:- “duties, rights, duties and authority, which, by law, a mother or father has for his or her child.”
You have parental responsibility if:
- You are the child’s mother; or
- You are the child’s father and you were married to the child’s mother when the child was born; or
- You are the child’s father and you were not married to the child’s mother when the baby was born but
- you were registered as the child’s father in the register of births on or after the 2nd December 2016, or became registered as the child’s father under Article 56 of the Marriage and Civil Status (Jersey) Law 2001
- You are the child’s father and you were not married to the child’s mother when the child was born but
-
-
you have a residence order or a parental responsibility order, or
-
you have entered into a parental responsibility agreement with the child’s mother; or
-
you have since married the child’s mother
-
-
You have a custody order or residence order for the child; or
-
You have responsibility under an emergency protection order for the child; or
-
You are a guardian of the child; or
-
You have adopted the child
Please note that if a father was not married to the child’s mother when the child was born he does not automatically have parental responsibility. Someone other than a parent may get parental responsibility, if a Court makes, for example, a residence order in their favour.
A Parental Responsibility Agreement is a legal document. If the father and mother were not married when the child was born (and the father was not registered as the child’s father in the register of births on or after the 2 December 2016, or became registered as the child’s father under Article 56 of the Marriage and Civil Status (Jersey) Law (2001) they can agree that the father will have parental responsibility for the child. The mother already has parental responsibility.
-
A special Parental Responsibility Agreement Form must be completed and signed. You can get the form from the Family Division, 3rd Floor International House, 41 The Parade, St Helier , or download it from the link above
-
Try to get legal advice about what it will mean for you and the child’s other parent before you sign
-
When you have filled in the Agreement, sign it in the presence of a witness. He or she must give their full name and address. You must then send the Form to the Family Division, 3rd Floor International House, 41 The Parade, St Helier
-
The Family Judge will then register your Agreement and return a copy to you