SH v RD [2013] NICA 44 (9 September 2013)

SH v RD [2013] NICA 44 (9 September 2013)

The trial judge correctly treated the welfare of the child as the paramount consideration, properly evaluated the evidence regarding the parents' inability to cooperate, the likely harm to the child from ongoing conflict, and the benefits of relocation, and was entitled to conclude that relocation was in the child's best interests; there was no error of law or principle justifying appellate intervention.

Citation
[2013] NICA 44
Parties
Appellant: SH; Respondent: RD
Jurisdiction
Northern Ireland
Judgment Date
09 September 2013
Procedural Posture
Family Law Appeal / Appeal From Trial Court Decision
Outcome
appeal dismissed
Legal Topics
Shared Residence Order, Relocation of Child, Welfare of the Child, Parental Responsibility
Family Law Child Law Shared Residence Order Relocation of Child Welfare of the Child Parental Responsibility

Case Brief

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Parties

SH

Appellant

RD

Respondent

Procedural Posture

Family Law Appeal / Appeal From Trial Court Decision

Legal Issues

  1. 1 Whether the trial judge erred in refusing a shared residence order and granting leave to remove the child from the jurisdiction
  2. 2 Whether the welfare of the child was properly treated as the paramount consideration
  3. 3 Whether the guidance in Payne v Payne should be followed or applied mechanistically

Ratio Decidendi

The trial judge correctly treated the welfare of the child as the paramount consideration, properly evaluated the evidence regarding the parents' inability to cooperate, the likely harm to the child from ongoing conflict, and the benefits of relocation, and was entitled to conclude that relocation was in the child's best interests; there was no error of law or principle justifying appellate intervention.

Court Disposition

appeal dismissed

Orders

  • Appeal by SH dismissed
  • Order granting leave to RD to remove the child from the jurisdiction to reside in Australia affirmed