E, Re [2005] NIFam 12 (07 November 2005)

E, Re [2005] NIFam 12 (07 November 2005)

The welfare of the child is the paramount consideration. E is of sufficient maturity to express her views, which are genuinely held and not the result of undue influence. The English consent order is not enforceable under the Family Law Act 1986 as it does not confer care or contact to the mother. The Chilean orders, while respected, do not override the welfare assessment conducted in Northern Ireland, which supports E's continued residence with M and M2. The child's voice must be heard and given due weight, and separate representation was necessary to ensure this.

Citation
[2005] NIFam 12
Parties
Applicant Grandmother: M; Applicant Grandmother's Husband: M2; Respondent Mother: C; Child Subject: E
Jurisdiction
Northern Ireland
Judgment Date
07 November 2005
Procedural Posture
Wardship and Enforcement Proceedings / Final Judgment
Outcome
Application to enforce English consent order dismissed; application to enforce Chilean orders dismissed; residence order granted for E to remain with M and M2 in Northern Ireland.
Legal Topics
Wardship, Residence Order, Enforcement of Foreign Orders, Hague Convention, Voice of the Child, Recognition of Foreign Judgments
Family Law International Child Law Human Rights Wardship Residence Order Enforcement of Foreign Orders Hague Convention Voice of the Child +1 more

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Parties

M

Applicant Grandmother

M2

Applicant Grandmother's Husband

C

Respondent Mother

E

Child Subject

Procedural Posture

Wardship and Enforcement Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the English consent order is enforceable under the Family Law Act 1986
  2. 2 Whether Chilean custody orders should be recognised and enforced in Northern Ireland
  3. 3 What weight should be given to the child's wishes and feelings

Ratio Decidendi

The welfare of the child is the paramount consideration. E is of sufficient maturity to express her views, which are genuinely held and not the result of undue influence. The English consent order is not enforceable under the Family Law Act 1986 as it does not confer care or contact to the mother. The Chilean orders, while respected, do not override the welfare assessment conducted in Northern Ireland, which supports E's continued residence with M and M2. The child's voice must be heard and given due weight, and separate representation was necessary to ensure this.

Court Disposition

Application to enforce English consent order dismissed; application to enforce Chilean orders dismissed; residence order granted for E to remain with M and M2 in Northern Ireland.

Orders

  • Wardship renewed for E
  • Residence order granted for E to live with M and M2