ORLA AND MARTIN (Shared Parenting: Breakdown) [2018] NIFam 13 (31 July 2018 )

ORLA AND MARTIN (Shared Parenting: Breakdown) [2018] NIFam 13 (31 July 2018 )

Both parents have contributed significantly and equally to the emotional harm suffered by the children due to their ongoing hostility and acrimony. There is no evidence that either parent is markedly more to blame. The shared residence order is no longer meaningful and is revoked. The children are to remain with their mother, with the hope that, reassured of their stability, they may reconsider contact with their father. The Trust's application for a care order is not withdrawn at this stage, pending review of progress in contact.

Citation
[2018] NIFam 13
Parties
Child: Orla (anonymised child); Child: Martin (anonymised child); Mother: Mother (anonymised); Father: Father (anonymised); Applicant (public Law): The Trust; Guardian: Guardian ad Litem (Ms Forster)
Jurisdiction
Northern Ireland
Procedural Posture
Family Law (children) Public and Private Law Applications / Final Judgment After Protracted Hearing
Outcome
Joint residence order revoked; children to remain with mother; no immediate care order; review in two months.
Legal Topics
Shared Parenting, Residence Orders, Care Orders, Parental Responsibility, Emotional Harm, Contact Arrangements
Family Law Child Law Shared Parenting Residence Orders Care Orders Parental Responsibility Emotional Harm Contact Arrangements

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Parties

Orla (anonymised child)

Child

Martin (anonymised child)

Child

Mother (anonymised)

Mother

Father (anonymised)

Father

The Trust

Applicant (public Law)

Guardian ad Litem (Ms Forster)

Guardian

Procedural Posture

Family Law (children) Public and Private Law Applications / Final Judgment After Protracted Hearing

Legal Issues

  1. 1 Whether the shared parenting/joint residence order should continue or be revoked
  2. 2 Whether a care order or supervision order is required
  3. 3 Whether residence should be with the mother or father

Ratio Decidendi

Both parents have contributed significantly and equally to the emotional harm suffered by the children due to their ongoing hostility and acrimony. There is no evidence that either parent is markedly more to blame. The shared residence order is no longer meaningful and is revoked. The children are to remain with their mother, with the hope that, reassured of their stability, they may reconsider contact with their father. The Trust's application for a care order is not withdrawn at this stage, pending review of progress in contact.

Court Disposition

Joint residence order revoked; children to remain with mother; no immediate care order; review in two months.

Orders

  • Joint residence order revoked with immediate effect.
  • Children to remain with their mother.