C, Re No Contact Order [2002] NIFam 14 (17 May 2002)

C, Re No Contact Order [2002] NIFam 14 (17 May 2002)

The judge properly exercised discretion, applied the welfare checklist, and balanced the child's welfare against parental rights, finding cogent reasons to refuse both direct and indirect contact and to suppress parentage information at this stage due to the applicant's behaviour and the child's vulnerability.

Source-derived case information.

Citation
[2002] NIFam 14
Parties
Applicant: P; Respondent: S; Child: C
Jurisdiction
Northern Ireland
Judgment Date
17 May 2002
Procedural Posture
Family Law Appeal / Appeal From Family Care Centre Decision
Outcome
appeal dismissed
Legal Topics
Contact Orders, Representation of Children, Domestic Violence, Parental Rights, Welfare Checklist, European Convention on Human Rights
Family Law Child Welfare Human Rights Contact Orders Representation of Children Domestic Violence Parental Rights Welfare Checklist +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

P

Applicant

S

Respondent

C

Child

Procedural Posture

Family Law Appeal / Appeal From Family Care Centre Decision

Legal Issues

  1. 1 Whether the judge erred in refusing both direct and indirect contact between the applicant and the child
  2. 2 Whether the welfare checklist and paramountcy principle were properly applied
  3. 3 Whether suppression of the truth about parentage was justified

Ratio Decidendi

The judge properly exercised discretion, applied the welfare checklist, and balanced the child's welfare against parental rights, finding cogent reasons to refuse both direct and indirect contact and to suppress parentage information at this stage due to the applicant's behaviour and the child's vulnerability.

Court Disposition

appeal dismissed

Orders

  • No direct or indirect contact between applicant and child
  • Child not to be informed of identity of natural father at this stage