DON (A CHILD - APPEAL: SERVICE OF PROCEEDINGS: VOICE OF THE CHILD)[2020] NIFam 27 (09 December 2020)

DON (A CHILD - APPEAL: SERVICE OF PROCEEDINGS: VOICE OF THE CHILD)[2020] NIFam 27 (09 December 2020)

The appeal was allowed and the orders set aside because the welfare assessment was not completed and the child's position was not before the court, which is fundamental in such cases. The technical breach of service rules was not fatal, but the lack of a welfare report and consideration of the child's voice required the matter to be reheard.

Citation
[2020] NIFam 27
Parties
Appellant/mother: CD; Respondent/father: EF
Jurisdiction
Northern Ireland
Judgment Date
09 December 2020
Procedural Posture
Family Law Appeal / Appeal From Family Care Centre Decision
Outcome
Appeal allowed; orders set aside; matter remitted for rehearing.
Legal Topics
Parental Responsibility, Child Contact, Service of Proceedings, Voice of the Child, Welfare Assessment
Family Law Parental Responsibility Child Contact Service of Proceedings Voice of the Child Welfare Assessment

Case Brief

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Parties

CD

Appellant/mother

EF

Respondent/father

Procedural Posture

Family Law Appeal / Appeal From Family Care Centre Decision

Legal Issues

  1. 1 Whether it was appropriate to proceed in the absence of the mother
  2. 2 Whether it was appropriate to make orders for contact and parental responsibility without a welfare assessment

Ratio Decidendi

The appeal was allowed and the orders set aside because the welfare assessment was not completed and the child's position was not before the court, which is fundamental in such cases. The technical breach of service rules was not fatal, but the lack of a welfare report and consideration of the child's voice required the matter to be reheard.

Court Disposition

Appeal allowed; orders set aside; matter remitted for rehearing.

Orders

  • Orders of 8 September 2020 set aside
  • Matter remitted for rehearing with full welfare assessment