CB [2001] NIFam 31 (Rev1) (18 June 2001)

CB [2001] NIFam 31 (Rev1) (18 June 2001)

On the facts, the girls were habitually resident in Northern Ireland as of 14 September 2000, with a settled intention to reside indefinitely, and the court has jurisdiction to determine their welfare. The respondent acquiesced in their residence and schooling in Northern Ireland. The girls' emotional needs and wishes require stability and support, best provided by CB in Northern Ireland.

Parties
Applicant: CB; Respondent: WZ; Child: XZ; Child: YZ
Jurisdiction
Northern Ireland
Judgment Date
18 June 2001
Procedural Posture
Application for Residence and Prohibited Steps Order / Judgment
Outcome
Residence order and prohibited steps order granted in favour of CB.
Legal Topics
Residence Order, Prohibited Steps Order, Habitual Residence, Wardship, Parental Responsibility
Family Law Child Welfare Jurisdiction Residence Order Prohibited Steps Order Habitual Residence Wardship Parental Responsibility

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Parties

CB

Applicant

WZ

Respondent

XZ

Child

YZ

Child

Procedural Posture

Application for Residence and Prohibited Steps Order / Judgment

Legal Issues

  1. 1 Does the High Court of Justice in Northern Ireland have jurisdiction to determine the welfare of XZ and YZ?
  2. 2 Are XZ and YZ habitually resident in Northern Ireland?
  3. 3 Should a residence order and prohibited steps order be granted in favour of CB?

Ratio Decidendi

On the facts, the girls were habitually resident in Northern Ireland as of 14 September 2000, with a settled intention to reside indefinitely, and the court has jurisdiction to determine their welfare. The respondent acquiesced in their residence and schooling in Northern Ireland. The girls' emotional needs and wishes require stability and support, best provided by CB in Northern Ireland.

Court Disposition

Residence order and prohibited steps order granted in favour of CB.

Orders

  • CB to have residence of XZ and YZ in Northern Ireland.
  • Prohibited steps order preventing removal of XZ and YZ from Northern Ireland without court permission.