Jersey child law and parental rights advice
When parents separate, decisions about children are often the most emotionally charged and legally complex. In Jersey, children’s law is designed to prioritise the welfare of the child while providing a framework for resolving disputes around residence, contact, and parental responsibility. Whether you are navigating separation, divorce, or a change in family circumstances, understanding your rights and obligations is essential.
Parental responsibility in Jersey refers to the legal authority to make important decisions about a child’s life, including matters relating to education, healthcare, religion, and where the child should live. A mother automatically has parental responsibility. A father will also have it if he was married to the mother at the time of the child’s birth, or if the child was born after 2 December 2016 and the father is named on the birth certificate. For children born before this date, unmarried fathers must either enter into a parental responsibility agreement with the mother or apply to the Royal Court for an order.
Where agreement cannot be reached, the Court may be asked to decide. The Court will consider factors such as the degree of commitment shown by the parent, the strength of the relationship with the child, and the reasons for the application. The threshold for granting parental responsibility is generally low, but the Court may refuse if there are compelling reasons.
Residence orders determine where a child will live. These may be made in favour of one parent or shared between both. Contact orders allow the child to spend time with the other parent and can include direct contact (face-to-face) or indirect contact (letters, calls). The Court’s overriding consideration is always the child’s welfare. It is generally accepted that maintaining a relationship with both parents is in the child’s best interests, unless there are safeguarding concerns.
In some cases, additional orders may be required. A specific issue order can resolve a particular dispute, such as which school a child should attend. A prohibited steps order prevents a parent from taking a particular action, such as relocating the child off-Island without consent. Removal from Jersey requires the agreement of all individuals with parental responsibility or permission from the Court.
Child maintenance in Jersey is a separate but related issue. Parents have a legal obligation to support their children financially, regardless of marital status. Maintenance is usually paid by the non-resident parent to the parent with whom the child lives. If care is shared, the higher-earning parent may be expected to contribute to ensure the child maintains a consistent standard of living. Maintenance can be agreed privately or determined by the Court, which considers both parents’ income, financial needs, and the needs of the child
At Parslows LLP, our team of experienced family law solicitors and advocates in Jersey provide clear, practical advice on all aspects of children’s law. We assist with parental responsibility disputes, residence and contact arrangements, child maintenance, and applications to relocate. We understand that every family is different, and we tailor our approach to meet your individual needs while keeping the child’s welfare at the heart of every decision.
If you are facing a dispute or need guidance on children’s law in Jersey, contact Parslows LLP today. Our family law team will help you navigate the legal process with sensitivity and professionalism, ensuring that your child’s best interests are protected.
