AB and CD - In the matter of DD
| Jurisdiction | Northern Ireland |
| Judge | McAlinden J |
| Judgment Date | 29 November 2019 |
| Neutral Citation | [2019] NIFam 17 |
| Court | Family Division (Northern Ireland) |
| Date | 29 November 2019 |
1
Neutral Citation No: [2019] NIFam 17
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: McA11115
Delivered: 29/11/2019
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
FAMILY DIVISION (FAMILY APPEAL TO THE HIGH COURT)
ON APPEAL FROM THE FAMILY CARE CENTRE SITTING AT CRAIGAVON
________
IN THE MATTER OF AN APPEAL UNDER THE CHILDREN
(NORTHERN IRELAND) ORDER 1995
BETWEEN:
AB
Appellant;
-and-
CD
Respondent.
IN THE MATTER OF DD
DATE OF BIRTH: … 2011
________
McALINDEN J
[1] This is an appeal against the decision of Her Honour Judge McColgan QC on
25 January 2019 in which she dismissed on the merits the appellant’s application
made pursuant to Article 7(3) of the Children (Northern Ireland) Order 1995 (“the
1995 Order”) for the removal of CD’s parental responsibility in respect of DD. The
appellant and the respondent were never married and the respondent has parental
responsibility by virtue of the fact that he was formally registered as DD’s father
following her birth.
[2] The South Eastern Health and Social Care Trust has shared parental
responsibility for DD by virtue of a final Care Order granted on 10 May 2018. DD
resides in a kinship placement with her maternal grandmother. The appellant has
regular contact with DD but the respondent presently has no direct or indirect
contact with DD, nor has he made any specific application for same. It should be
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2 cases
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SV (A MINOR), FV (A MINOR), GV (A MINOR) and PV and A Health and Social Care Trust and The Department of Finance and A Health and Social Care Trust and PV and SV, FV & GV (Minors) acting by the Official Solicitor as Guardian Ad Litem
...termination. In Re A female child aged 5 years [2021] NIFam 36 McFarland J agreed with the principles laid down by McAlinden J in Re DD [2019] NIFam 17: “(a) The concept of parental responsibility describes an adult’s responsibility to secure the welfare of the subject child which is to be ......
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X and Y (Contact, Parental responsibility and non-molestation order)
...of an application to terminate parental responsibility, the interaction of these legal principles was distilled by McAlinden J in Re DD [2019] NIFam 17 into the following propositions: “(a) The concept of parental responsibility describes an adult's responsibility to secure the welfare of t......