R (Shared Residence Application) (No 2) [2009] NIFam 3 (6 February 2009)

R (Shared Residence Application) (No 2) [2009] NIFam 3 (6 February 2009)

There is a risk of emotional harm to R if his wishes are ascertained at this stage due to potential manipulation by A; therefore, the court defers directing the Official Solicitor to interview R until evidence is heard. Mediation is ordered, with the mediator prohibited from contacting R directly or indirectly at this stage.

Citation
[2009] NIFam 3
Parties
Applicant: A; Respondent: G; Child: R
Jurisdiction
Northern Ireland
Judgment Date
06 February 2009
Procedural Posture
Shared Residence Application / Preliminary Directions and Mediation Ordered
Outcome
Directions given; mediation ordered; decision on interviewing R deferred.
Legal Topics
Shared Residence, Child Welfare, Mediation, Ascertainment of Child's Wishes
Family Law Shared Residence Child Welfare Mediation Ascertainment of Child's Wishes

Case Brief

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Parties

A

Applicant

G

Respondent

R

Child

Procedural Posture

Shared Residence Application / Preliminary Directions and Mediation Ordered

Legal Issues

  1. 1 Whether a Shared Residence Order should be made for R
  2. 2 Whether ascertaining R's wishes and feelings would cause emotional harm
  3. 3 Appropriateness of mediation in resolving residence disputes

Ratio Decidendi

There is a risk of emotional harm to R if his wishes are ascertained at this stage due to potential manipulation by A; therefore, the court defers directing the Official Solicitor to interview R until evidence is heard. Mediation is ordered, with the mediator prohibited from contacting R directly or indirectly at this stage.

Court Disposition

Directions given; mediation ordered; decision on interviewing R deferred.

Orders

  • A to file statement of evidence within 7 days.
  • Mediation to be conducted by Family Coaching Consultancy; mediator to report to court by 23 March 2009.