CT (A Child) [2023] NIFam 24 (11 December 2023)

CT (A Child) [2023] NIFam 24 (11 December 2023)

CT had his home with the applicants during the relevant period, as evidenced by physical residence, maintained bedroom, regular contact, and parental involvement, satisfying Article 13(1) and enabling the court to grant parental responsibility under Article 57(1).

Citation
[2023] NIFam 24
Parties
Applicants: Paternal uncle and his wife; Notice Party: Health and Social Care Trust; Subject Child: CT (A Child)
Jurisdiction
Northern Ireland
Judgment Date
11 December 2023
Procedural Posture
Application Under Article 57(1) of the Adoption (ni) Order 1987 / Final Judgment
Outcome
application granted
Legal Topics
Parental Responsibility, Interpretation of 'home', Cross Border Adoption
Family Law Adoption Law Parental Responsibility Interpretation of 'home' Cross Border Adoption

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Parties

Paternal uncle and his wife

Applicants

Health and Social Care Trust

Notice Party

CT (A Child)

Subject Child

Procedural Posture

Application Under Article 57(1) of the Adoption (ni) Order 1987 / Final Judgment

Legal Issues

  1. 1 Whether CT had his home with the applicants during the preceding 26 weeks as required by Article 13(1) of the Adoption (NI) Order 1987
  2. 2 Interpretation of 'home' for purposes of Article 57(1) application

Ratio Decidendi

CT had his home with the applicants during the relevant period, as evidenced by physical residence, maintained bedroom, regular contact, and parental involvement, satisfying Article 13(1) and enabling the court to grant parental responsibility under Article 57(1).

Court Disposition

application granted

Orders

  • Order giving applicants parental responsibility for CT