R, Re Shared Residence Application [2002] NIFam 22 (24 October 2002)

R, Re Shared Residence Application [2002] NIFam 22 (24 October 2002)

A shared residence order is refused because it would likely exacerbate the mother's insecurity and anxiety, fuelled by the father's controlling behaviour, and risk emotional harm to the child. The acrimony between parents is too raw for such an order, and contact arrangements are imposed instead to protect the child's welfare.

Citation
[2002] NIFam 22
Parties
Applicant: A; Respondent: G
Jurisdiction
Northern Ireland
Judgment Date
24 October 2002
Procedural Posture
Shared Residence Application / Final Judgment
Outcome
shared residence order refused; contact arrangements imposed
Legal Topics
Shared Residence, Contact Orders, Parental Responsibility, Child Welfare
Family Law Shared Residence Contact Orders Parental Responsibility Child Welfare

Case Brief

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Parties

A

Applicant

G

Respondent

Procedural Posture

Shared Residence Application / Final Judgment

Legal Issues

  1. 1 Whether a shared residence order should be granted for R
  2. 2 Appropriate contact arrangements for R

Ratio Decidendi

A shared residence order is refused because it would likely exacerbate the mother's insecurity and anxiety, fuelled by the father's controlling behaviour, and risk emotional harm to the child. The acrimony between parents is too raw for such an order, and contact arrangements are imposed instead to protect the child's welfare.

Court Disposition

shared residence order refused; contact arrangements imposed

Orders

  • Child resides with mother except for specified contact periods with father: alternate weekends, Wednesdays, last Tuesday monthly.
  • Summer holidays: three weeks with each parent; specific allocation of July and August holidays, alternating choice each year.