DD, Re [2019] NIFam 17 (29 November 2019)
The judge at first instance applied the correct legal principles, considered all relevant evidence, and properly weighed the welfare checklist and proportionality; there was no error in law or fact, and the decision to refuse termination of parental responsibility was neither wrong nor irrational.
- Citation
- [2019] NIFam 17
- Parties
- Appellant: AB; Respondent: CD
- Jurisdiction
- Northern Ireland
- Judgment Date
- 29 November 2019
- Procedural Posture
- Family Appeal / Appeal From Family Care Centre to High Court
- Outcome
- appeal dismissed
- Legal Topics
- Termination of Parental Responsibility, Welfare of the Child, Proportionality, Article 8 ECHR Rights
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
AB
Appellant
CD
Respondent
Procedural Posture
Family Appeal / Appeal From Family Care Centre to High Court
Legal Issues
- 1 Whether the refusal to terminate the respondent's parental responsibility was correct in law and fact
- 2 Whether the decision was proportionate and in accordance with the welfare of the child
- 3 Whether the judge failed to consider relevant evidence or erred in the application of the welfare checklist
Ratio Decidendi
The judge at first instance applied the correct legal principles, considered all relevant evidence, and properly weighed the welfare checklist and proportionality; there was no error in law or fact, and the decision to refuse termination of parental responsibility was neither wrong nor irrational.
Court Disposition
appeal dismissed
Orders
- Order of HHJ McColgan QC refusing termination of parental responsibility affirmed
- Legal aid taxation of parties' costs directed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment