O v C [2017] NICty 3 (24 October 2017)

O v C [2017] NICty 3 (24 October 2017)

An appeal from the Family Proceedings Court to the Family Care Centre under the Children (Northern Ireland) Order 1995 should not be conducted by way of a full rehearing de novo in every case. Instead, it should be conducted in the same manner as appeals in children's cases in England and Wales and as appeals from the Family Care Centre to the High Court in Northern Ireland, pursuant to the principles set out in G v G. The appellate court retains discretion as to the mode of hearing, with a focus on proportionality, necessity, and the welfare of the child.

Citation
[2017] NICty 3
Parties
Appellant: O; Respondent: C
Jurisdiction
Northern Ireland
Judgment Date
24 October 2017
Procedural Posture
Family Law Appeal / Preliminary Issue on Mode of Appeal From Family Proceedings Court to Family Care Centre
Outcome
Preliminary issue determined; appeal from FPC to FCC is not by way of full rehearing de novo in every case.
Legal Topics
Children (northern Ireland) Order 1995, Appeals From Family Proceedings Court, Mode of Appeal Hearing, Welfare of the Child, No Delay Principle
Family Law Appellate Procedure Children (northern Ireland) Order 1995 Appeals From Family Proceedings Court Mode of Appeal Hearing Welfare of the Child No Delay Principle

Case Brief

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Parties

O

Appellant

C

Respondent

Procedural Posture

Family Law Appeal / Preliminary Issue on Mode of Appeal From Family Proceedings Court to Family Care Centre

Legal Issues

  1. 1 What is the appropriate manner in which an appeal from the Family Proceedings Court to the Family Care Centre should be conducted under the Children (Northern Ireland) Order 1995?

Ratio Decidendi

An appeal from the Family Proceedings Court to the Family Care Centre under the Children (Northern Ireland) Order 1995 should not be conducted by way of a full rehearing de novo in every case. Instead, it should be conducted in the same manner as appeals in children's cases in England and Wales and as appeals from the Family Care Centre to the High Court in Northern Ireland, pursuant to the principles set out in G v G. The appellate court retains discretion as to the mode of hearing, with a focus on proportionality, necessity, and the welfare of the child.

Court Disposition

Preliminary issue determined; appeal from FPC to FCC is not by way of full rehearing de novo in every case.

Orders

  • Appeals from the Family Proceedings Court to the Family Care Centre should be conducted in accordance with the principles set out in G v G, not by way of automatic full rehearing de novo.