In the matter of J and S (Supervision Order or Care Order)
| Jurisdiction | Northern Ireland |
| Judge | Gillen J |
| Judgment Date | 11 October 2004 |
| Neutral Citation | [2004] NIFam 10 |
| Court | Family Division (Northern Ireland) |
| Date | 11 October 2004 |
| Year | 2004 |
1
Neutral Citation no. [2004] NIFam 10
Ref:
GILC5098
Judgment: approved by the Court for handing down
Delivered:
11/10/04
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
FAMILY DIVISION
________
IN THE MATTER OF J AND S
(SUPERVISION ORDER OR A CARE ORDER)
GILLEN J
[1] This case concerns two children whom I shall call J and S in order to
protect their anonymity. They are the children of Mrs W and Mr M. J is a boy
now aged 13 and S is a boy now aged 10.
[2] This case has a lengthy history extending over several years largely
due to an intractable dispute between Mrs W and Mr M concerning contact
and residence of the children. The first proceedings occurred as far back
April 1997 when Mrs W was granted a residence order in respect of both the
children and Mr M was granted contact on Sundays and Mondays. There has
been a plethora of hearings before the Family Proceedings Court in Omagh,
the Family Care Centre in Londonderry and the High Court in Belfast. A
variety of judges and magistrates have grappled with this case.
[3] In many ways this case clearly illustrates the problems depicted by
Munby J recently in Re: D (Intractable Contact Dispute; Publicity) [2004] 1 FLR
1226 where he said at 1228;
“Those who are critical of our family justice system
may well see this case as exemplify everything that
is wrong with the system. I can understand such a
view. The melancholy truth is that this case
illustrates all too uncomfortably the failings of the
system. There is much wrong with our system and
the time has come for us to recognise the fact and to
face up to it honestly. If we do not we risk forfeiting
public confidence.”
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