S & Ors [2005] NIFam 1 (11 February 2005)

S & Ors [2005] NIFam 1 (11 February 2005)

Although the children remain habitually resident in Bahrain, the mature and cogent objections of the eldest child to return, supported by expert psychiatric evidence of likely psychological harm, constitute good reason to refuse the application for their return. The welfare of the children, particularly the need for them to remain together and the risk of emotional damage to the eldest, outweighs the general presumption in favour of return to the country of habitual residence.

Citation
[2005] NIFam 1
Parties
Applicant: M; Respondent: B
Jurisdiction
Northern Ireland
Judgment Date
11 February 2005
Procedural Posture
Wardship/child Abduction (non Hague Convention) / Judgment on Application for Declaratory Relief and Return Order
Outcome
Application refused
Legal Topics
Child Abduction, Habitual Residence, Wardship, Children's Views, Jurisdiction, Non Hague Convention Cases
Family Law Private International Law Child Abduction Habitual Residence Wardship Children's Views Jurisdiction Non Hague Convention Cases

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Parties

M

Applicant

B

Respondent

Procedural Posture

Wardship/child Abduction (non Hague Convention) / Judgment on Application for Declaratory Relief and Return Order

Legal Issues

  1. 1 Whether the children are habitually resident in Bahrain or Northern Ireland
  2. 2 Whether the court should order the return of the children to Bahrain in a non-Hague Convention abduction case
  3. 3 What weight should be given to the views of the children

Ratio Decidendi

Although the children remain habitually resident in Bahrain, the mature and cogent objections of the eldest child to return, supported by expert psychiatric evidence of likely psychological harm, constitute good reason to refuse the application for their return. The welfare of the children, particularly the need for them to remain together and the risk of emotional damage to the eldest, outweighs the general presumption in favour of return to the country of habitual residence.

Court Disposition

Application refused

Orders

  • Refusal to order the return of the children to Bahrain
  • Children to remain in Northern Ireland with their mother