RH & Ors v IH [2009] NIFam 17 (4 April 2009)

RH & Ors v IH [2009] NIFam 17 (4 April 2009)

Applications by the children were dismissed because there was no evidence of sufficient understanding, no proper application for leave, and procedural deficiencies regarding representation. Ex parte orders were not justified as the applicants were not in immediate danger and material facts were not fully disclosed. The mother withdrew her applications, and the dispute was essentially about contact, which should have been addressed in the family proceedings court.

Citation
[2009] NIFam 17
Parties
Applicant: RH; Applicant: JH; Applicant: DH; Applicant: LH; Respondent: IH; Children's Representative (contact Order Only): Official Solicitor
Jurisdiction
Northern Ireland
Judgment Date
04 April 2009
Procedural Posture
Applications Under Family Homes and Domestic Violence (northern Ireland) Order 1998 and Application for Defined Contact Order Under Article 8 of the Children (northern Ireland) Order 1995 / Final Judgment on Applications for Occupation and Non Molestation Orders; Review of Procedural and Substantive Issues
Outcome
Children's applications for occupation and non-molestation orders dismissed; mother's applications withdrawn; legal aid taxation ordered for mother's costs; no order for legal aid taxation for children's costs (liberty to apply).
Legal Topics
Non Molestation Orders, Occupation Orders, Contact Orders, Leave to Bring Proceedings, Ex Parte Applications, Representation of Children
Family Law Child Law Domestic Violence Non Molestation Orders Occupation Orders Contact Orders Leave to Bring Proceedings Ex Parte Applications +1 more

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Parties

RH

Applicant

JH

Applicant

DH

Applicant

LH

Applicant

IH

Respondent

Official Solicitor

Children's Representative (contact Order Only)

Procedural Posture

Applications Under Family Homes and Domestic Violence (northern Ireland) Order 1998 and Application for Defined Contact Order Under Article 8 of the Children (northern Ireland) Order 1995 / Final Judgment on Applications for Occupation and Non Molestation Orders; Review of Procedural and Substantive Issues

Legal Issues

  1. 1 Whether leave should be granted to children under 16 to bring applications for occupation and non-molestation orders
  2. 2 Whether ex parte applications were justified
  3. 3 Proper court and procedure for applications under the 1998 Order

Ratio Decidendi

Applications by the children were dismissed because there was no evidence of sufficient understanding, no proper application for leave, and procedural deficiencies regarding representation. Ex parte orders were not justified as the applicants were not in immediate danger and material facts were not fully disclosed. The mother withdrew her applications, and the dispute was essentially about contact, which should have been addressed in the family proceedings court.

Court Disposition

Children's applications for occupation and non-molestation orders dismissed; mother's applications withdrawn; legal aid taxation ordered for mother's costs; no order for legal aid taxation for children's costs (liberty to apply).

Orders

  • Children's applications under the 1998 Order dismissed
  • Mother's applications under the 1998 Order withdrawn