Child-related disputes in Jersey can be stressful and need careful legal handling. solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
Children’s law matters can include cross-border residency, care proceedings, and financial disputes.
solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
The welfare principle behind every decision
When the Royal Court decides any question about a child's upbringing, the child's welfare is its paramount consideration. That rule is in Article 2 of the Children (Jersey) Law 2002, where "the court" means the Royal Court.
The same Article says that delay is likely to harm a child's welfare, and that the court should only make an order if doing so would be better for the child than making no order at all.
Where an order is opposed, or in care proceedings, Article 2(3) lists what the court must consider in particular:
- the child's wishes and feelings, in the light of their age and understanding;
- their physical, emotional and educational needs;
- the likely effect of any change in circumstances;
- their age, sex, background and any other relevant characteristics;
- any harm they have suffered or are at risk of suffering;
- how capable each parent, and anyone else relevant, is of meeting their needs;
- the range of powers the court has.
Who has parental responsibility
Parents who were married or in a civil partnership when the child was born both have parental responsibility automatically (Article 9A). Where they were not, the mother has it and the father does not, unless he acquires it.
Article 9C gives an unmarried father three routes: being registered as the child's father under the Civil Status Law, a parental responsibility agreement with the mother, or a court order.
There is a catch for some older registrations. A father registered before the Children and Adoption (Amendment) (Jersey) Law 2016 came into force acquires parental responsibility through registration only if he later married, or entered a civil partnership with, the mother. Fathers in that position should check where they stand before a dispute starts.
Separate provisions cover second parents and step-parents (Articles 9D and 9E).
Orders the court can make when parents disagree
Article 10 lets the court make four main orders, each defined in Article 1:
- Residence order: settles who the child is to live with.
- Contact order: requires the person the child lives with to allow the child to visit, stay with or otherwise have contact with the person named in the order.
- Prohibited steps order: stops a specified step, one a parent could otherwise take, from being taken without the court's consent.
- Specific issue order: gives directions on a particular question that has arisen, or may arise, about any aspect of parental responsibility.
The court can also make orders for financial relief for a child under Article 15 and Schedule 1.
Moving a child away from Jersey
Where a residence order is in force, Article 14 says no one may change the child's surname or remove the child from Jersey without the written consent of everyone with parental responsibility, or the court's permission. The person with the residence order may take the child away for less than one month. A permanent move off-island therefore needs either that written consent or a court decision.
Care and supervision proceedings
Care proceedings are brought by the Minister, not by a parent. Under Article 24, the court can make a care order or a supervision order only if it is satisfied of two things:
- the child is suffering, or is likely to suffer, significant harm; and
- the harm is attributable to the care given (or likely to be given) not being what a parent could reasonably be expected to give, or to the child being beyond parental control.
A care order cannot be made for a child who has reached 17, or 16 if married or in a civil partnership. Interim orders, child assessment orders and emergency protection orders are covered in Parts 4 and 5 of the Law. A parent who receives care proceedings papers should speak to an advocate without delay.
Welfare reports and JFCAS
Under Article 9, the court can ask for a report on a child's welfare, from a probation officer or from someone the Minister arranges. The Jersey Probation and After-Care Service annual report for 2023 describes the Jersey Family Court Advisory Service (JFCAS) as the part of that service which gives the Royal Court reports and advice about children's best interests in family proceedings.
What to have ready
- The child's full name, date of birth and birth registration details.
- Whether you were married to, or in a civil partnership with, the other parent at the birth.
- Copies of any existing court orders or written agreements.
- A short, factual account of the current arrangements and what has changed.
- Any concerns about a child's safety, with dates.
If a child is in immediate danger, call the police on 999 first. Legal steps can follow.
Children’s Law Asked Questions
How can an Advocate protect my child’s interests if the dispute escalates to the Royal Court of Jersey?
Advocates in family proceedings work with the Jersey Family Court Advisory Service (JFCAS). Familiarity with local family proceedings can help reduce parental friction and support stable arrangements that protect your child’s welfare.
What areas of Children’s Law in Jersey can an Advocate help with?
Private and public children law matters are heard before the Royal Court of Jersey. They include residency disputes, contact orders, and international relocation applications.
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