MQ v BQ [2001] NIFam 11 (1 May 2001)
The children's best interests are served by maintaining the status quo, given the length of time residing with their father, his satisfactory care, and uncertainty over the mother's new relationship. The mother has a strong claim but not sufficient to reverse the status quo. Residence order in favour of the father,...
Source-derived case information.
- Citation
- [2001] NIFam 11
- Parties
- Applicant: MQ; Respondent: BQ
- Jurisdiction
- Northern Ireland
- Judgment Date
- 01 May 2001
- Procedural Posture
- Application for Residence Order and Contact Order / Final Judgment
- Outcome
- Residence order in favour of father; contact order in favour of mother
- Legal Topics
- Residence Order, Contact Order, Child Welfare, Status Quo, Emotional Abuse, Child Protection Register
Source-derived case record
Summary, issues, holding and outcome
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Parties
MQ
Applicant
BQ
Respondent
Procedural Posture
Application for Residence Order and Contact Order / Final Judgment
Legal Issues
- 1 Should residence of CLQ and CPQ be with mother or father?
- 2 What contact arrangements are in the children's best interests?
- 3 Is the status quo satisfactory and should it be disturbed?
Ratio Decidendi
The children's best interests are served by maintaining the status quo, given the length of time residing with their father, his satisfactory care, and uncertainty over the mother's new relationship. The mother has a strong claim but not sufficient to reverse the status quo. Residence order in favour of the father, contact order in favour of the mother.
Court Disposition
Residence order in favour of father; contact order in favour of mother
Orders
- Children to reside with father in Ardboe
- Mother to have contact three weekends out of four, including overnight contact
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