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On 14 th June, 2010, the Court granted the applicant, a residence order under Article 10(1)(c) of the Children (Jersey) Law 2002 ("the Children Law") in respect of the child, a relative; a residence order being an order settling the arrangements to be made as to the person with whom a child is to live.
The child has lived with the applicant continuously since December 2008 and with a gap of several months, for six months prior to that.
The child was first made the subject of an interim care order, shortly after birth. The principal grounds for the application related to the mother's admitted drug use and chaotic lifestyle. Despite efforts by the Minister to support the mother to care for the child, it was necessary for the Minister to remove the child from the mother's care, at which time the child was placed in the care of the applicant.
Some eight months later, the mother and the father entered into a parental responsibility agreement. Following a period of assessment by the Minister, the father was approved as carer for the child who was transferred from the applicant to his full-time care, two months later the interim care order was discharged and a residence order granted to the father.
On 23 rd December, 2008, the child was made the subject of a police protection order by the Metropolitan Police. This followed the arrest of the father, who had allegedly taken a heroin overdose during a trip to London, whilst having the sole care of the child. On return to Jersey on 24 th December, 2008, the child was placed again with the applicant, where the child has remained to date.
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