We act for the Polish mother of a Jersey-born child. The mother
was unmarried and the Jersey born father, fearing that the mother
would return to Poland with the child and remove all contact,
obtained injunctions stopping the mother removing the child (then 3
weeks old) from the jurisdiction of the Royal Court until contact
and parental responsibility has been resolved and agreed. Mother
and child were homeless and residing in the Woman's Refuge with no
income, no rights to claim benefits due to lack of residential
status and no family or friends for support. The mother was
permitted by the Court to return to Poland, taking the child with
her, for an interim period over Christmas and New Year and the case
was adjourned initially until January, then March and now the final
hearing is set for June when it is hoped that the child's health
will enable the mother to return to Jersey for the final
hearing. Issues regarding cultural differences and upbringing
and how the best interests of the child were served are all
relevant in this case, yet to be finally determined. Contact
issues and the impact of the anticipated distance between the
respective parents' homes impact significantly on the Court's
determination of the application to permanently remove the child
from the jurisdiction.