Re S, N and C (Non-Hague Convention Abduction: Habitual Residence: Child's Views)
| Jurisdiction | Northern Ireland |
| Judge | Gillen J |
| Judgment Date | 2005 |
| Neutral Citation | [2005] NIFam 1 |
| Year | 2005 |
| Court | Family Division (Northern Ireland) |
| Date | 11 February 2005 |
1
Neutral Citation No. [2005] NIFam 1 Ref:
GILF5201
Judgment: approved by the Court for handing down Delivered:
11/02/2005
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
______
FAMILY DIVISION
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RE S, N and C (NON-HAGUE CONVENTION ABDUCTION: HABITUAL
RESIDENCE: CHILD’S VIEWS)
_______
GILLEN J
[1] Nothing must be reported in this case which would serve to identify
the children who are the subject of this application or any member of their
family. For that purpose the children and the applicant and respondent have
been anonymised throughout the course of this judgment.
The application
[2] The children in this case, namely S who is now aged 13, N who is now
aged 10 and C who is now aged 7 were made wards of court before Master
Hall sitting in the High Court of Justice in Northern Ireland on 22 December
2004 and renewed periodically thereafter. At that time control was awarded
to the respondent B, the mother of the children, with reasonable contact to the
applicant M, the father of the children. The applicant has also applied before
me for declaratory relief that the children are habitually resident in Bahrain
and for an order for the immediate return of the children to Bahrain. The
applicant has commenced proceedings in Bahrain seeking custody of the
children and he asserts that the court in Bahrain should determine the
substantive issues in this case and that the children should be returned to
their habitual residence immediately. It should be noted at the outset that
Bahrain is not a signatory to the Hague Convention on the Civil Aspects of
International Child Abduction 1980 (the Hague Convention) incorporated
into our law by the Child Abduction and Custody Act 1985.
Background
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2 cases
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M v A Health and Social Care Trust; in the matter of S (a child) (arranging for a child in care to live outside Northern Ireland)
... ... mother and child under the European Convention for the Protection of Human Rights and ... a solicitor in the case and that her views, while rigid, were well informed and articulate ... Civil Aspects of International Child Abduction and the European Union’s Brussels II bis ... See Re S, N and C (Non-Hague Convention Child Abduction: Habitual Residence: ... ...
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A Father and A Mother and in the matter of the Child Abduction and Custody Act 1985, and in the matter of RE (A female child aged 15 years 7 months), VI (A male child aged 14 years 4 months) and DH (A female child aged 11 years)
...is far from saying that the child's objections should only prevail in the most exceptional circumstances.” [20] Gillen J in Re S, N and C [2005] NIFam 1 considered the voice of the child to be 7 of particular relevance and courts should not just pay lip service to Article 12 of the UN Conve......