Dona (A Pseudonym) (No. 8) [2012] NIFam 3 (29 February 2012)

Dona (A Pseudonym) (No. 8) [2012] NIFam 3 (29 February 2012)

On the balance of probabilities, a move by Dona to Country A would result in her residing with her father, Fergus, or at his instigation, exposing her to ongoing abuse. The maternal grandparents are not capable of safeguarding her, and there is no legal protection in Country A for a residence order made in Northern Ireland. The Trust's applications are dismissed as they do not serve Dona's best interests.

Citation
[2012] NIFam 3
Parties
Applicant: The Trust; Subject Child: Dona (a pseudonym); Father/respondent: Fergus (a pseudonym); Mother: Marcail (a pseudonym); Proposed Carers: Maternal Grandparents (pseudonyms)
Jurisdiction
Northern Ireland
Judgment Date
29 February 2012
Procedural Posture
Family Law Child Care and Residence / Final Hearing on Applications to Live Outside Jurisdiction, Discharge Care Order, and Residence Order
Outcome
All applications dismissed
Legal Topics
Care Orders, Residence Orders, Discharge of Care Order, Child Welfare, International Relocation
Family Law Child Protection Care Orders Residence Orders Discharge of Care Order Child Welfare International Relocation

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Parties

The Trust

Applicant

Dona (a pseudonym)

Subject Child

Fergus (a pseudonym)

Father/respondent

Marcail (a pseudonym)

Mother

Maternal Grandparents (pseudonyms)

Proposed Carers

Procedural Posture

Family Law Child Care and Residence / Final Hearing on Applications to Live Outside Jurisdiction, Discharge Care Order, and Residence Order

Legal Issues

  1. 1 Whether Dona should be permitted to live outside Northern Ireland in Country A
  2. 2 Whether the care order in respect of Dona should be discharged
  3. 3 Whether a residence order should be made in favour of the maternal grandparents

Ratio Decidendi

On the balance of probabilities, a move by Dona to Country A would result in her residing with her father, Fergus, or at his instigation, exposing her to ongoing abuse. The maternal grandparents are not capable of safeguarding her, and there is no legal protection in Country A for a residence order made in Northern Ireland. The Trust's applications are dismissed as they do not serve Dona's best interests.

Court Disposition

All applications dismissed

Orders

  • Application to permit Dona to live outside Northern Ireland in Country A dismissed
  • Application to discharge care order dismissed