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Northern Ireland Case Law

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Family-law [2024] NIFam 8

KH (Aged 5 Months), In the Matter Of

KH (Aged 5 Months), In the Matter Of [2024] NIFam 8 (22 July 2024)

The court assumed jurisdiction under Article 8 of the 1996 Hague Convention for a five-month-old child, while keeping the child in his Republic of Ireland foster placement.

  • Jurisdiction-transfer-under-hague-convention-1996
  • Child-protection-orders
  • Habitual-residence
  • Cross-border-child-welfare
  • Interim-care-orders
  • Hague-convention-1996
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Family-law [2024] NICA 1

AU v Belfast Health And Social Care Trust

AU v Belfast Health And Social Care Trust [2024] NICA 1 (05 January 2024)

The Court of Appeal in Northern Ireland upheld an interim order suspending a father’s direct contact with his children, finding the welfare-based decision was not wrong.

  • Interim-care-orders
  • Contact-with-children-in-care
  • Jurisdiction-under-hague-convention-1996
  • Habitual-residence
  • Article-53-children-(northern-ireland)-order-1995
  • Article-8-echr
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Family-law [2023] NICA 48

SB (A Child), In the Matter Of (Rev3)

SB (A Child), In the Matter Of (Rev3) [2023] NICA 48 (14 August 2023)

The Court of Appeal in Northern Ireland dismissed an appeal against an interim care order removing a child from prison care with her mother, finding the plan necessary and proportionate.

  • Interim-care-orders
  • Jurisdiction
  • Threshold-criteria
  • Proportionality
  • Extradition
  • Prison-policy-and-children
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Family-law [2023] NIFam 10

Belfast Health And Social Care Trust v A Mother

Belfast Health And Social Care Trust v A Mother [2023] NIFam 10 (13 June 2023)

The court granted an interim care order for a three-year-old child who had lived in prison since birth, finding developmental harm and approving removal to foster care.

  • Interim-care-orders
  • Threshold-criteria
  • Child-development-harm
  • Article-5-echr
  • Prisoners'-children
  • Extradition-impact-on-children
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Family-law [2014] NIFam 7

Re S

Re S [2014] NIFam 7 (27 August 2014)

The court approved a Trust application to place a 13-year-old child in a specialist County Dublin facility, finding no suitable Northern Ireland alternative and that the mother’s consent was being unreasonably withheld.

  • Interim-care-orders
  • Child-welfare
  • Parental-consent
  • Competence-of-child
  • Placement-outside-jurisdiction
  • Family-law
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Family-law [2006] NIFam 4

S, Re

S, Re [2006] NIFam 4 (15 March 2006)

The court held that the care plan was too uncertain about contact with the father to justify a final care order, so it made an interim care order for four weeks.

  • Care-orders
  • Contact-with-parents
  • Care-plans
  • Article-8-echr
  • Threshold-criteria
  • Interim-care-orders
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Family-law [2003] NIFam 6

R and D, Re Care Order

R and D, Re Care Order [2003] NIFam 6 (11 April 2003)

The High Court of Justice in Northern Ireland granted a full Care Order for two children, finding the threshold met and the care plan sufficiently defined and proportionate.

  • Care-orders
  • Interim-care-orders
  • Threshold-criteria
  • Welfare-checklist
  • European-convention-on-human-rights
  • Parental-assessment
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Family-law [2002] NIFam 18

S, Re Direction Hearings

S, Re Direction Hearings [2002] NIFam 18 (28 June 2002)

The High Court set aside a contact reduction made at a directions hearing, holding the parents had not had a fair chance to comment or give evidence.

  • Contact-orders
  • Interim-care-orders
  • Procedural-fairness
  • Children-(northern-ireland)-order-1995
  • Directions-hearings
  • Child-law
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Family-law [2002] NIFam 11

SM, Re Interim Care Orders

SM, Re Interim Care Orders [2002] NIFam 11 (02 May 2002)

The High Court in Northern Ireland dismissed an appeal against renewed interim care orders, holding that the judge was entitled to await further assessment before making a final care order.

  • Interim-care-orders
  • Care-plan
  • Welfare-checklist
  • Paramountcy-principle
  • Delay-in-proceedings
  • Judicial-discretion
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Northern Ireland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.