Since the introduction of the Children (Jersey) Law 2002, the familiar terms ‘custody’ and ‘care and control’ have been replaced by ‘residence’, ‘parental responsibility’ and ‘contact’.
Where there is a dispute as to which parent the child shall live with, an application can be made to the court to make an order to resolve it. The court can either make an order for sole residence, which means the child lives with one parent, or shared residence, where the child lives with both parents.
In determining the issue of residence, the court’s paramount consideration is the welfare of the child. In residence applications it is normal for a JFCAS officer to be appointed who will prepare a report with recommendations for the court based on meetings with both parents and the child.
Residency case study – Dev’s story:
Dev and Julie have twins and have been married for five years. Julie has now met someone else and wishes to go and live with him, taking the twins with her. Dev is in agreement with this, but only if they continue to live in Jersey. Julie’s new partner has been offered a very good job in New York and Julie now wants to go and live there with the twins. Dev does not agree with this and asks for advice.
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