CHW v CMJ [2008] NIFam 14 (8 December 2008)

CHW v CMJ [2008] NIFam 14 (8 December 2008)

The welfare of the youngest child is best served by continuing residence with the mother, with augmented contact arrangements for the applicant, and restrictions on further applications to prevent detrimental litigation.

Source-derived case information.

Citation
[2008] NIFam 14
Parties
Applicant: CHW; Respondent: CMJ
Jurisdiction
Northern Ireland
Judgment Date
08 December 2008
Procedural Posture
Family Law Residence and Contact Orders / Final Judgment After Welfare Hearing and Fact Finding
Outcome
Residence order for youngest child remains with respondent; contact order for applicant augmented; indirect contact for second youngest child; restriction on further applications for three years.
Legal Topics
Residence Order, Contact Order, Child Protection, Emotional Harm, Interim Care Order, Supervision Order, Section 91(14) Restrictions
Family Law Child Welfare Residence Order Contact Order Child Protection Emotional Harm Interim Care Order Supervision Order +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

CHW

Applicant

CMJ

Respondent

Procedural Posture

Family Law Residence and Contact Orders / Final Judgment After Welfare Hearing and Fact Finding

Legal Issues

  1. 1 Whether residence of the youngest child should be with the applicant or respondent
  2. 2 Whether contact between applicant and children should be supervised
  3. 3 Risk of emotional harm to the youngest child

Ratio Decidendi

The welfare of the youngest child is best served by continuing residence with the mother, with augmented contact arrangements for the applicant, and restrictions on further applications to prevent detrimental litigation.

Court Disposition

Residence order for youngest child remains with respondent; contact order for applicant augmented; indirect contact for second youngest child; restriction on further applications for three years.

Orders

  • Applicant to have staying contact with youngest child on specified dates and holidays.
  • Handovers to be facilitated by independent third party or voluntary driver, costs shared equally.