Re Luiz (Application for a residence order by Northern Irish step mother in respect of a Brazilian National) [2009] NIFam 16 (7 August 2009)

Re Luiz (Application for a residence order by Northern Irish step mother in respect of a Brazilian National) [2009] NIFam 16 (7 August 2009)

The court found that Luiz's welfare required that he remain in Northern Ireland with Roisin, his stepmother, who has been his main carer and attachment figure since October 2006. The evidence showed that neither Carlos nor Yarah could provide the necessary sensitive care for Luiz's emotional needs if he returned to Brazil, and that removal from Roisin would cause significant psychological harm. The court also found that Roisin would promote contact with Luiz's biological family in Brazil, and that Luiz's best interests would not be served by returning him to Brazil. A parental responsibility order was made in favour of Carlos, but the residence and prohibited steps orders were granted to...

Citation
[2009] NIFam 16
Parties
Applicant/stepmother: Roisin; Respondent/father: Carlos; Respondent/mother: Yarah; Guardian Ad Litem/child's Representative: Official Solicitor (for Luiz)
Jurisdiction
Northern Ireland
Judgment Date
07 August 2009
Procedural Posture
Application for Residence Order and Prohibited Steps Order Under Children (northern Ireland) Order 1995 / Final Judgment
Outcome
Residence order and prohibited steps order granted to Roisin; parental responsibility order granted to Carlos; application for non-molestation and occupancy order dismissed as not pursued.
Legal Topics
Residence Order, Prohibited Steps Order, Parental Responsibility, Child Welfare, International Child Arrangements
Family Law Child Law Residence Order Prohibited Steps Order Parental Responsibility Child Welfare International Child Arrangements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Roisin

Applicant/stepmother

Carlos

Respondent/father

Yarah

Respondent/mother

Official Solicitor (for Luiz)

Guardian Ad Litem/child's Representative

Procedural Posture

Application for Residence Order and Prohibited Steps Order Under Children (northern Ireland) Order 1995 / Final Judgment

Legal Issues

  1. 1 Whether a residence order should be granted to the stepmother in respect of a Brazilian national child
  2. 2 Whether a prohibited steps order should be made to prevent removal of the child from the jurisdiction
  3. 3 Whether a parental responsibility order should be made in favour of the father

Ratio Decidendi

The court found that Luiz's welfare required that he remain in Northern Ireland with Roisin, his stepmother, who has been his main carer and attachment figure since October 2006. The evidence showed that neither Carlos nor Yarah could provide the necessary sensitive care for Luiz's emotional needs if he returned to Brazil, and that removal from Roisin would cause significant psychological harm. The court also found that Roisin would promote contact with Luiz's biological family in Brazil, and that Luiz's best interests would not be served by returning him to Brazil. A parental responsibility order was made in favour of Carlos, but the residence and prohibited steps orders were granted to...

Court Disposition

Residence order and prohibited steps order granted to Roisin; parental responsibility order granted to Carlos; application for non-molestation and occupancy order dismissed as not pursued.

Orders

  • Residence order in favour of Roisin for Luiz to remain in Northern Ireland
  • Prohibited steps order preventing removal of Luiz from the jurisdiction