Children in divorce proceedings (FOI)

​Request

Please could I ask the following questions

A

What steps should the Jersey Court (s) take to protect the interests of the children of a marriage in divorce proceedings generally and, in particular, where the mother is seriously handicapped by illness and has asked for a guardian to be appointed for the children in the proceedings, in what circumstances would the Court (s) refuse to appoint a lawyer to represent the children at the specific request of the guardian so appointed.

B

In what circumstances can attending a children's' hearing be avoided by a parent by choice or neglect on one and more occasions in divorce proceedings before the Court (s) and should a decree absolute be granted without the children's needs and rights being considered and met due to the absence of a children's hearing.

Response

A and B

Article 8 of the Freedom of Information (Jersey) Law 2011 provides a general right to be supplied with information held by a scheduled public authority. We are unable to provide any information in reply to this request because we do not hold any information in response to either of the two questions posed. This is because a response to either of these two questions would constitute legal advice specific to the circumstances outlined in the request.

The Courts operate within the laws enacted by the States Assembly and any regulations or rules made under those laws. This legal framework is published on the Jersey Legal Information Board website at the following link:

Jersey Legal Information Board  

Current law, including laws and regulations, as well as Rules of Court are published at the following links:

Current Law 

Rules of Court

In a particular set of circumstances such as those outlined in the request the law will have to be interpreted by the Court to establish compliance with the currently in force legal framework. Therefore, in order to answer the two questions in this request it will be necessary to take legal advice from a qualified professional and, if necessary, following that advice bring the matter to the Court. The best starting point for obtaining legal advice is the Citizens Advice Bureau whose website is:

Citizens Advice Bureau