AM v A Health and Social Care Trust and BM [2025] NIFam 11 (10 November 2025)

AM v A Health and Social Care Trust and BM [2025] NIFam 11 (10 November 2025)

A fact-finding hearing is neither right nor necessary where the allegations relate to historic matters already considered or capable of being considered at the time of the original care orders, no new evidence is presented, the children do not support the application, and the welfare of the children would be harmed by further litigation. The paramount consideration is the welfare of the children, which would not be advanced by reopening settled issues.

Citation
[2025] NIFam 11
Parties
Applicant: AM; First Respondent: A Health and Social Care Trust; Second Respondent: BM; Guardian: Children's Court Guardian
Jurisdiction
Northern Ireland
Judgment Date
10 November 2025
Procedural Posture
Family Law Care Order Discharge and Contact Application / Fact Finding Hearing Application Within Ongoing Discharge and Contact Proceedings
Outcome
Application for a fact-finding hearing refused.
Legal Topics
Discharge of Care Order, Fact Finding Hearing, Contact With Children in Care, Domestic Abuse Allegations, Coercive Control, Institutional Failures
Family Law Child Protection Discharge of Care Order Fact Finding Hearing Contact With Children in Care Domestic Abuse Allegations Coercive Control Institutional Failures

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Parties

AM

Applicant

A Health and Social Care Trust

First Respondent

BM

Second Respondent

Children's Court Guardian

Guardian

Procedural Posture

Family Law Care Order Discharge and Contact Application / Fact Finding Hearing Application Within Ongoing Discharge and Contact Proceedings

Legal Issues

  1. 1 Whether a fact-finding hearing should be convened to determine allegations of domestic abuse, coercive control, harassment, financial abuse, institutional failures, and safeguarding breaches in the context of an application to discharge a care order and for contact with children in care.

Ratio Decidendi

A fact-finding hearing is neither right nor necessary where the allegations relate to historic matters already considered or capable of being considered at the time of the original care orders, no new evidence is presented, the children do not support the application, and the welfare of the children would be harmed by further litigation. The paramount consideration is the welfare of the children, which would not be advanced by reopening settled issues.

Court Disposition

Application for a fact-finding hearing refused.

Orders

  • Directions to a final hearing of the outstanding applications to be made to avoid further delay.