X and Y (Contact, Parental responsibility and non-molestation order)
| Jurisdiction | Northern Ireland |
| Judge | Humphreys J |
| Judgment Date | 28 June 2022 |
| Neutral Citation | [2022] NIFam 25 |
| Court | Family Division (Northern Ireland) |
| Date | 28 June 2022 |
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Neutral Citation No: [2022] NIFam 25
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: HUM11889
Delivered: 28/06/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
FAMILY DIVISION
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IN THE MATTER OF THE CHILDREN (NI) ORDER 1995
RE: X and Y – CONTACT, PARENTAL RESPONSIBILITY AND
NON-MOLESTATION ORDER
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Jenny Cunningham (instructed by John Boston & Co) for the father A
Moira Smyth QC and Breige Austin (instructed by FG Patton) for the mother B
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HUMPHREYS J
This judgment has been anonymised to protect the identity of the children to
whom the proceedings relate. Nothing can be published which will identify the
children or their adult relatives.
Introduction
[1] Over the course of six days in 2020, McAlinden J conducted a fact finding
hearing, following the principles in Re L [2000] 2 FCR 404, which was concerned
with whether A had raped B and subjected to her to other physical violence. The
learned judge delivered a detailed judgment, reported at [2020] NIFam 15. This
judgment should be read in conjunction with those findings.
[2] X and Y are the two children of A and B and are now aged 7 and 3 years.
There are three applications before the court:
(i) An application by A for contact with X, pursuant to Article 8 of the Children
(NI) Order 1995 (‘the 1995 Order’);
(ii) An application by A for parental responsibility for X, pursuant to Article 7 of
the 1995 Order; and
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(iii) An application by B for a non-molestation order pursuant to Article 20 of the
Family Homes and Domestic Violence (NI) Order 1998.
[3] At the outset I wish to express my gratitude to counsel and solicitors for the
careful and sensitive manner in which these proceedings have been handled, as well
as for the quality of the written submissions which I have received.
The Fact Finding Judgment
[4] In the Re L judgment McAlinden J made the following findings:
(i) A subjected B to physical violence in June 2016, including on one occasion in
front of X;
(ii) A raped B on 14 June 2016; and
(iii) A raped B on 25 March 2018, as a result of which Y was conceived.
[5] In relation to the findings of rape, it is clear that X was in the home at the time
each of these occurred although it is not suggested he witnessed same.
[6] In addition to the findings of fact, the learned judge commented:
“[A] told the court a tissue of lies about B initiating this
episode of sexual relations and he demonstrated woeful
lack of insight immediately after the event when B clearly
accused him of rape…A’s insensitivity and lack of regard
to B’s physical and emotional integrity is unfathomable.”
[para 37]
[7] Following the events of June 2016, B and X left the family home in Bedford
and sought refuge with Women’s Aid before moving to Northern Ireland in October
2016. They were successful in obtaining NIHE accommodation in Dungannon in late
2016. There was periodical contact between A, B and X until the second rape
occurred on 25 March 2018.
[8] A discovered that B had become pregnant following the March 2018 rape by
accessing her Amazon account without her consent. This led to a number of
unwanted pregnancy related gifts and messages being sent to B by A.
The Legal Framework
(i) Contact
[9] By Article 8(1) of the 1995 Order, a contact order means “an order requiring
the person with whom a child lives, or is to live, to allow the child to visit or stay
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