MS X and A Health and Social Care Trust and MS Y and In the matter of Mark and Tim (Removal: Injunction:Human Rights)
| Jurisdiction | Northern Ireland |
| Neutral Citation | [2020] NIFam 5 |
| Date | 15 June 2020 |
| Court | Family Division (Northern Ireland) |
1
Neutral Citation No: [2020] NIFam 5
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: KEE11273
Delivered: 15/6/2020
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
IN THE MATTER OF AN APPLICATION FOR INJUNCTIVE RELIEF
PURSUANT TO THE HUMAN RIGHTS ACT 1998
________
BETWEEN:
MS X
Applicant;
-v-
A HEALTH AND SOCIAL CARE TRUST, MS Y
Respondents.
IN THE MATTER OF MARK AND TIM (REMOVAL: INJUNCTION:
HUMAN RIGHTS)
_________
KEEGAN J
Nothing must be published which would identify the children or the family. The
names that I have given to the children in this judgment are not their real names.
Background
[1] This case relates to two children who I shall call Mark and Tim. They are half
siblings. Mark is 12 coming 13 and Tim is 9. The children currently live with their
maternal grandmother Ms Y.
[2] Mark’s care arrangements were settled by the making of a full care order on
25 July 2018 in the Family Proceedings Court. Mark had been living with his
grandmother full-time since 2 February 2018 and the order formalised the
placement. In October 2018 the Trust brought an application to reduce Mark’s
contact with his mother Ms Y.
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1 cases
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A Mother and A Health and Social Care Trust and A Father and in the matter of an application for injunctive relief pursuant to the Human Rights Act and in the matter of PO a boy ages 11½ years
...8 rigorous analysis of all realistic options to be undertaken (see Re DE [2014] EWFC 6, Re T and others [2016] NIFam 5, and Re Mark & Tim [2020] NIFam 5). Baker J in Re DE set out a detailed list of procedural safeguards at [34] establishing what was the application of the ‘nothing else wil......