| Children's Issues |
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The Royal Court conducts itself in relation to children under the concept of "Bona Parentis", that is to say it has an over-riding right and duty in relation to children to ensure their protection and welfare in what is the best interests of the child (as determined by the Court). The Children's Jersey Law 2002 abolished the old concept of custody (the legal right to make decisions in relation to the child) and consequently the father of a child born in a marriage and the mother of an illegitimate child no longer have custody of the child. Custody has been replaced by the concept of Parental Responsibility and more than one person can have parental responsibility. In general terms, parental responsibility relates to making decisions as to the child and its welfare. In the case of a child born within a marriage, both parents have parental responsibility and in the case of an illegitimate child, the mother has parental responsibility, although the natural father can either obtain parental responsibility by entering into an agreement with the mother or by applying to the Royal Court for an Order of the Court granting him parental responsibility. Parental responsibility must not be mixed up with the issue of maintenance of a child. Even if a person does not have parental responsibility, he or she can be compelled by the Court to maintain his or her child. It is a common complaint by the principal carer of a child that the other parent is either not paying maintenance or is not paying enough. It is also a common complaint of a parent who is not the principal carer that they are being denied contact with the child, even though he or she is paying maintenance. The consequence is sometimes that one or the other parent stops paying maintenance because contact with the child is being denied or alternatively stops contact because maintenance is not being paid. The Courts do not abide or tolerate such petty attitudes and consider maintenance and contact as separate issues, consequently the Courts will enforce an Order for contact irrespective of whether maintenance is being paid and will enforce an Order for maintenance even though contact is being denied. If it is in the child's interest that contact should cease, the Royal Court can terminate contact whilst enforcing an Order against a parent towards paying maintenance. It must be remembered that it is a general rule of Law and the Royal Court that parents have a duty to maintain their children, whether or not they are married, separated or getting a divorce. Separation and divorce can be traumatic for the children in any relationship whether or not the parents were married or co-habiting. It is sometimes the case that when two parties separate, they lose sight of the feelings of perhaps the most important people, namely the children, because of their own feelings of broken trust, rejection, hurt and anger. In these cases, there are voluntary and professional bodies who can mediate and advise, especially RELATE and the Jersey Family Mediation Service. Where issues as to children come before the Courts, it is often the case that the Court will enquire whether mediation has taken place and may even order mediation takes place before it hears the issues in a particular case. Where communication between the parents has all but broken down or where contact between them is difficult or violent, contact between a parent and a child can be arranged in a safe place at Millie's Childcare Centre. |