AC (A Child) [2019] NIFam 18 (19 November 2019)

AC (A Child) [2019] NIFam 18 (19 November 2019)

The threshold criteria under Article 50(2) of the Children (Northern Ireland) Order 1995 are met in respect of the mother. The evidence establishes, on the balance of probabilities, that the mother frustrated contact between the child and his father, influenced the child to have a negative view of the father, provided inappropriate information to the child, and failed to set appropriate boundaries. These actions have caused or are likely to cause significant emotional harm to the child. The harm is attributable to the care given by the mother falling short of what it would be reasonable to expect. The Trust did not seek to establish threshold against the father.

Citation
[2019] NIFam 18
Parties
Applicant: A Trust; Respondent (mother): AM; Respondent (father): AF
Jurisdiction
Northern Ireland
Judgment Date
19 November 2019
Procedural Posture
Care and Residence Order Applications Under Children (northern Ireland) Order 1995 / Judgment on Threshold Criteria for Care Order
Outcome
Threshold criteria for a care order are met in respect of the mother.
Legal Topics
Care Orders, Residence Orders, Threshold Criteria, Emotional Harm, Parental Alienation, Contact Orders, Significant Harm
Family Law Child Protection Care Orders Residence Orders Threshold Criteria Emotional Harm Parental Alienation Contact Orders +1 more

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Parties

A Trust

Applicant

AM

Respondent (mother)

AF

Respondent (father)

Procedural Posture

Care and Residence Order Applications Under Children (northern Ireland) Order 1995 / Judgment on Threshold Criteria for Care Order

Legal Issues

  1. 1 Whether the threshold criteria under Article 50 of the Children (Northern Ireland) Order 1995 are met for making a care order in respect of AC (the child)
  2. 2 Whether the mother's conduct caused or is likely to cause significant emotional harm to the child
  3. 3 Whether the evidence supports the Trust's allegations against the mother

Ratio Decidendi

The threshold criteria under Article 50(2) of the Children (Northern Ireland) Order 1995 are met in respect of the mother. The evidence establishes, on the balance of probabilities, that the mother frustrated contact between the child and his father, influenced the child to have a negative view of the father, provided inappropriate information to the child, and failed to set appropriate boundaries. These actions have caused or are likely to cause significant emotional harm to the child. The harm is attributable to the care given by the mother falling short of what it would be reasonable to expect. The Trust did not seek to establish threshold against the father.

Court Disposition

Threshold criteria for a care order are met in respect of the mother.

Orders

  • Proceed to welfare stage to determine appropriate care plan for the child.
  • No threshold finding against the father.