SM and PH in the matter of K
| Jurisdiction | Northern Ireland |
| Judge | Her Honour Judge Smyth |
| Judgment Date | 2012 |
| Neutral Citation | [2012] NICty 4 |
| Court | County Court (Northern Ireland) |
| Year | 2012 |
| Date | 09 November 2012 |
Neutral Citation No. [2012] NICty 4
Ref:
2012NICty4
Judgment: approved by the Court for handing down
Delivered:
09/11/2012
(subject to editorial corrections)*
IN THE FAMILY CARE CENTRE SITTING IN BELFAST
Between
SM
And
PH
IN THE MATTER OF K
HER HONOUR JUDGE P SMYTH
1. This judgment has been anonymised to protect the identity of the child
concerned. Nothing may be published concerning the matter that would lead
directly or indirectly to the identification of the child, its parents or extended
family.
Background
2. On 23rd of December 2011, the father made an application for a prohibited
steps order prohibiting the mother from relocating to Australia with the child
of the family (K) who was born on 7th August 2004 and is now aged 8 years.
Furthermore the father applied for a defined contact order. Both applications
were brought pursuant to Article 8 of the Children (NI) Order 1995.
3. In response to the father’s application for the said orders, the mother gave an
undertaking not to leave the jurisdiction and the father did not proceed with
his applications. However, on 11th June 2012, the mother applied for a
residence order in respect of K and leave to remove the child from the UK
pursuant to Article 13(3) of the Order.
4. The issue for determination by the court is whether the mother should be
permitted to relocate to Australia with the child for an indefinite period.
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