KIM (A Child : Order or No Order: Article 3(5)) [2020] NIFam 7 (26 June 2020)

KIM (A Child : Order or No Order: Article 3(5)) [2020] NIFam 7 (26 June 2020)

Given the father's history of criminal convictions, aggressive behaviour, lack of insight, and repeated unsubstantiated allegations, and the need for clarity and security for the child and mother, making residence and indirect contact orders is better for the child than making no order at all. The welfare of the child is paramount and the orders provide necessary certainty and protection.

Citation
[2020] NIFam 7
Parties
Applicant: Ms B; Respondent: Mr D
Jurisdiction
Northern Ireland
Judgment Date
26 June 2020
Procedural Posture
Family Law Child Residence and Contact / Judgment After Submissions on Residence, Contact, and Prohibition of Future Applications
Outcome
Residence order in favour of the mother; indirect contact order; no direct contact; no prohibition on future applications at this stage.
Legal Topics
Residence Order, Contact Order, No Order Principle, Child Welfare, Non Molestation Order
Family Law Child Law Residence Order Contact Order No Order Principle Child Welfare Non Molestation Order

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Ms B

Applicant

Mr D

Respondent

Procedural Posture

Family Law Child Residence and Contact / Judgment After Submissions on Residence, Contact, and Prohibition of Future Applications

Legal Issues

  1. 1 Whether a residence order should be made in favour of the mother
  2. 2 Whether a contact order (direct or indirect) should be made
  3. 3 Whether the 'no order' principle under Article 3(5) of the Children (Northern Ireland) Order 1995 applies

Ratio Decidendi

Given the father's history of criminal convictions, aggressive behaviour, lack of insight, and repeated unsubstantiated allegations, and the need for clarity and security for the child and mother, making residence and indirect contact orders is better for the child than making no order at all. The welfare of the child is paramount and the orders provide necessary certainty and protection.

Court Disposition

Residence order in favour of the mother; indirect contact order; no direct contact; no prohibition on future applications at this stage.

Orders

  • Residence Order in favour of Ms B (mother)
  • Indirect Contact Order (two-way, via family member, terms to be agreed)