HM v VM [2020] NIFam 30 (09 October 2020)

HM v VM [2020] NIFam 30 (09 October 2020)

The Northern Ireland courts have jurisdiction as the children are habitually resident there and the Court of Appeal has already determined the jurisdictional issue. The welfare of the children requires a cautious, staged approach to contact, with indirect contact continuing and direct contact to resume only upon...

Source-derived case information.

Citation
[2020] NIFam 30
Parties
Appellant: HM; Respondent: VM; Intervener: Official Solicitor (for the children)
Jurisdiction
Northern Ireland
Judgment Date
09 October 2020
Procedural Posture
Children Order and Non Molestation Order Appeal / Interim Judgment After Remittal From Court of Appeal; Contact and Non Molestation Issues
Outcome
Interim orders; non-molestation order discharged; contact arrangements not finalized pending further evidence.
Legal Topics
Child Contact, Jurisdiction, Non Molestation Order, Welfare of the Child, Parental Responsibility
Family Law Child Law Child Contact Jurisdiction Non Molestation Order Welfare of the Child Parental Responsibility

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Parties

HM

Appellant

VM

Respondent

Official Solicitor (for the children)

Intervener

Procedural Posture

Children Order and Non Molestation Order Appeal / Interim Judgment After Remittal From Court of Appeal; Contact and Non Molestation Issues

Legal Issues

  1. 1 Whether Northern Ireland courts have jurisdiction over child contact arrangements
  2. 2 Whether the non-molestation order against HM should be discharged
  3. 3 What contact arrangements are in the best interests of the children

Ratio Decidendi

The Northern Ireland courts have jurisdiction as the children are habitually resident there and the Court of Appeal has already determined the jurisdictional issue. The welfare of the children requires a cautious, staged approach to contact, with indirect contact continuing and direct contact to resume only upon evidence of HM's stability. The non-molestation order is discharged as it has been conceded and serves no further purpose.

Court Disposition

Interim orders; non-molestation order discharged; contact arrangements not finalized pending further evidence.

Orders

  • Non-molestation order against HM is discharged.
  • Indirect contact between HM and the children to continue weekly.