In the matter of R and D (Care Order: Interim Care Order)
| Jurisdiction | Northern Ireland |
| Judge | Gillen J |
| Judgment Date | 11 April 2003 |
| Neutral Citation | [2003] NIFam 6 |
| Date | 11 April 2003 |
| Court | Family Division (Northern Ireland) |
| Year | 2003 |
Neutral Citation no. [2003] NIFam 6 Ref:
GILC3906
Judgment: approved by the Court for handing down Delivered:
11.4.03
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
FAMILY DIVISION
________
IN THE MATTER OF R AND D (CARE ORDER: INTERIM CARE ORDER)
________
GILLEN J
[1] I direct that there should be no identification of the name of either of
the children in this application or the names of either parent or any other
matter that may lead to the identification of the family who are the subject of
this application.
[2] The applicant in this case is a Community Health and Social Services
Trust, which I do not propose to identify (“the Trust”). The children, R born
on 7 January 1999 and D born on 23 April 2001 are the children of A (the
mother) and J (the father) who are a married couple. The Trust seeks a Care
Order under Article 50 of the Children (Northern Ireland) Order 1995
(hereinafter called “the 1995 Order”).
[3] Under Article 50 of the 1995 Order, on the application of any authority
or authorised person the court may make an order placing a child with
respect to whom the application is made in the care of a designated authority.
A court may only make such a Care Order if it is satisfied that the child
concerned is suffering or is likely to suffer significant harm and that the harm
or likelihood of harm is attributable to the care given to the child or likely to
be given to him if the order were not made, not being what it would be
reasonable to expect a parent to give him. Whether or not the court does or
does not make a Care Order depends upon a two stage process. First, the
court must consider whether or not the criteria for making a Care Order has
been satisfied ie the threshold criteria. Secondly, if the threshold criteria have
been satisfied, the court must then consider whether a Care Order should be
made in light of the care plan, the welfare checklist in Article 3(3) of the
Order, the no order principle enshrined in Article 3(5) of the 1995 Order
together with consideration of the range of possible orders including any
order under Article 8 of the 1995 Order. The court must take into account the
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