O and S, Re [2005] NIFam 4 (04 May 2005)

O and S, Re [2005] NIFam 4 (04 May 2005)

The mother has caused significant emotional harm to the children by persistently frustrating contact and alienating them from their father. However, an immediate transfer of residence would be too traumatic for the children at this stage. The threshold for an Article 56 investigation is met, and the Trust is directed to investigate the children's circumstances. Contact with the father is to be increased pending the outcome of the investigation.

Citation
[2005] NIFam 4
Parties
Applicant (father): N; Respondent (mother): L; Child: O; Child: S
Jurisdiction
Northern Ireland
Judgment Date
04 May 2005
Procedural Posture
Family Law Residence and Contact / Judgment on Applications for Residence Order by Father and Variation of Contact by Mother
Outcome
Article 56 investigation directed; contact with father increased; residence unchanged pending investigation.
Legal Topics
Residence Orders, Contact Orders, Implacable Hostility, Article 56 Investigation, Significant Harm, Parental Alienation
Family Law Child Law Residence Orders Contact Orders Implacable Hostility Article 56 Investigation Significant Harm Parental Alienation

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Parties

N

Applicant (father)

L

Respondent (mother)

O

Child

S

Child

Procedural Posture

Family Law Residence and Contact / Judgment on Applications for Residence Order by Father and Variation of Contact by Mother

Legal Issues

  1. 1 Whether the mother's conduct justifies a transfer of residence to the father
  2. 2 Whether contact between the children and the father should be reduced or increased
  3. 3 Whether the threshold for Article 56 investigation is met

Ratio Decidendi

The mother has caused significant emotional harm to the children by persistently frustrating contact and alienating them from their father. However, an immediate transfer of residence would be too traumatic for the children at this stage. The threshold for an Article 56 investigation is met, and the Trust is directed to investigate the children's circumstances. Contact with the father is to be increased pending the outcome of the investigation.

Court Disposition

Article 56 investigation directed; contact with father increased; residence unchanged pending investigation.

Orders

  • Article 56 investigation by the Trust to be completed by 15 June 2005
  • Contact order of 30 May 2003 suspended