Todd (A Child) (Residence Order : Contact Order) [2020] NIFam 14 (27 August 2020)

Todd (A Child) (Residence Order : Contact Order) [2020] NIFam 14 (27 August 2020)

The judge was wrong in her assessment of the evidence from both the court children's officer and the Official Solicitor, and did not have complete evidence about contact arrangements and practicalities to make a fully informed decision on relocation. The refusal of the Specific Issue Order cannot be upheld.

Source-derived case information.

Citation
[2020] NIFam 14
Parties
Appellant: KR; Respondent: DM; Official Solicitor: Moira Smyth QC and Sinead O’Flaherty BL
Jurisdiction
Northern Ireland
Judgment Date
27 August 2020
Procedural Posture
Family Law Appeal / Appeal From Family Care Centre Decision
Outcome
Appeal allowed; original decision set aside.
Legal Topics
Residence Order, Contact Order, Relocation, Welfare of the Child, Appeal Procedure
Family Law Residence Order Contact Order Relocation Welfare of the Child Appeal Procedure

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Parties

KR

Appellant

DM

Respondent

Moira Smyth QC and Sinead O’Flaherty BL

Official Solicitor

Procedural Posture

Family Law Appeal / Appeal From Family Care Centre Decision

Legal Issues

  1. 1 Whether the judge erred in refusing the mother's application to relocate with the child to England
  2. 2 Whether the judge properly assessed the evidence of the court children's officer and Official Solicitor
  3. 3 Whether the welfare of the child was correctly evaluated

Ratio Decidendi

The judge was wrong in her assessment of the evidence from both the court children's officer and the Official Solicitor, and did not have complete evidence about contact arrangements and practicalities to make a fully informed decision on relocation. The refusal of the Specific Issue Order cannot be upheld.

Court Disposition

Appeal allowed; original decision set aside.

Orders

  • Further hearing required with updated welfare assessment.
  • Directions to be heard from counsel.