JERSEY Law and Practice Contributed by: Lauren Glynn, Victoria Cure and Tara Lee, Carey Olsen
However, the outcome will depend on the specific cir - cumstances of the particular case. 2.3.5 Loss of Contact An important factor in a successful leave to remove application will often be demonstrating how meaning - ful contact with the left-behind parent can be main - tained and supported. Courts are very critical of relo - cation proposals that do not acknowledge the other parent’s important role in a child’s life. Parents apply - ing for permission to relocate should include detailed proposals for how a child can maintain their relation - ship with the left-behind parent in their application. 2.3.6 Which Reasons for Relocation Are Viewed Most Favourably? Jersey is a very expensive offshore jurisdiction to live in, and the court is sympathetic in cases in which both parents have moved to Jersey and, following their separation, are struggling to be able to afford to meet their child’s basic needs without reliance on state ben - efits. Notably, Jersey law restricts who can rent and buy property, and state benefits are not available for the first five years of residency in Jersey. Courts are also often sympathetic where parties move to Jersey and then separate in a very short timeframe, with one parent wanting to return home. It is often the case that these families have a very small, if any, sup - port network in Jersey upon which to rely. The cost of childcare provision for children under school age is often higher than a parent’s income. 2.3.7 Grounds for Opposition to Relocation As noted in 2.3.1 Factors Determining an Application for Relocation , all applications will be determined by reference to the relevant child’s welfare. The court is likely to be particularly sympathetic to an objection that a parent is seeking to remove a child from Jer - sey with the purpose of frustrating their relationship with the other parent, where this is supported by the evidence. 2.3.8 Costs of an Application for Relocation Whether a parent should be given leave to perma - nently remove a child from Jersey is a binary decision and cases very rarely settle; in most cases a final hear - ing is necessary and the final hearing will ordinarily be
between two and five days in duration. This means that leave to remove applications are often expen - sive with legal fees frequently being incurred between GBP50,000 and GBP100,000. 2.3.9 Time Taken by an Application for Relocation It is ordinarily expected that an application for leave to remove would be determined within six to 12 months, depending on the court’s availability and any need for expert evidence. 2.3.10 Primary Caregivers Versus Left-Behind Parents There is no preference or bias between the impact of the move, or the move being refused, on the child’s primary caregiver or the left-behind parent, but the impact on both parents will be taken into account in the context of the child’s welfare. 2.4 Relocation Within a Jurisdiction Jersey is a small, nine-by-five-mile island. Parents do not require the consent of anyone else with parental responsibility to move within the island. Pursuant to the Criminal Law (Child Abduction) (Jer - sey) Law 2005, it is a criminal offence for a person connected with a child under the age of 16 years to take or send the child out of Jersey without the appro - priate consent. A person is deemed to be connected with the child if they are: • a parent of the child; • a guardian of the child; • a person in whose favour a residence order is in force with respect to the child; or • a person having custody of the child. The law does not apply to people who have a resi - dence order in respect of the child, if they remove or take the child out of Jersey for a period of less than one month. 3. Child Abduction 3.1 Legality No offence is committed by the person taking or sending the child out of Jersey without the consent
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