High Court of Justice in Northern Ireland Family Division Decisions

Neutral Citation no.[2001] NIFam 16

Ref: GILC3457

 

 

 

Judgment: approved by the Court for handing down

Delivered:

22.06.2001

(subject to editorial corrections)

 

 

 

 

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND   FAMILY DIVISION   ------------   RE M and A   ------------

 

GILLEN J

            The applicant in this case is Home First Community Health & Social Services Trust ("the Trust") who seek an order in the case of each child that she be freed for adoption pursuant to Article                of the Adoption (Northern Ireland) Order 1987 ("the 1987 Order").  M was born on 13 March 1984 and A was born on 22 October 1985.  N is the mother of both children and M McM is the father of both children.  The two children were committed to the care of the Home First Community Health & Social Services Trust on 25 April 1986 when place of safety orders were made in respect of them.  Fit person orders were made in respect of the children on 21 August 1986 and both children are presently the subject of deemed care orders under the provisions of the Children (Northern Ireland) Order 1995.

            When the children were received into care, they initially stayed with a foster family known as B but they moved to live with Mr & Mrs L, foster carers, on 1 May 1996 where they have remained to date.  M and A currently have contact with their mother six times per year supervised by the applicant Trust.  They have no contact with M McM.  N, their mother, married R in February 1994 and there are two children of this marriage.  The children enjoy contact with their two half siblings during the course of the six supervised contacts per year.

Family background and history

            The history of the relationship between N and  M McM unhappily presented the all too familiar picture presented to these courts of domestic violence and excessive abuse of alcohol leading to the removal of the children from their parents' care by virtue of the place of safety order pursuant to Section 99 of the Children and Young Persons Act (Northern Ireland) 1968 on 25 April 1986.  It would appear that from the outset of the children's admission into care in April 1986, N and M McM were unable to sustain regular contact.  Between 1984 and 1982 the contact was infrequent.  During this period there were periods of rehabilitation between N and M McM and periods of residence in England when they made infrequent contact with the children or the Trust.  Eventually in December 1990 the applicant Trust wrote to N and M McM to discuss arrangements for the future care of the children but no response was received to the correspondence.  In 1991 it appears N expressed an interest in developing contact with the children coincidental with the Trust communicating this view to N and M McM that it was considering adoption for the children.  On 28 January 1991 M McM told the applicant Trust that N had returned to Birmingham in December 1990 and that he was prepared to consent to the adoption of M and A.  On 15 February 1991 he signed forms of consent relating to the proposed adoption. 

            In February 1991, however, N indicated that she was opposed to any adoption plans in respect of the children.  In or about March 1991 the Adoption Panel was approached and it was suggested that the current foster parents, Mr & Mrs L, would make the most suitable adoptive parents for M and A and that, in the event that they were not considered suitable adopters, M and A should remain with them as they had integrated so well into the L family.  On 3 July 1991 M and A were accepted by the Adoption Panel as being suitable for adoption and the foster carers, Mr & Mrs L, were recommended as the most suitable adoptive parents for M and A.  However, Mr & Mrs L then experienced some reservations about proceeding with the adoption and they decided to remain as long-term foster carers for M and A.  This was a decision which is accepted by the Trust as having been taken with the best interests of M and A at heart and it was explained to M and A who very clearly wanted to remain in the care of Mr & Mrs L.  At that stage Mr & Mrs L feared that the ending of financial support would prejudice M and A's opportunities for social and educational activities. 

During 1992 N maintained indirect contact with M and A through letters although the children were wary according to the Trust of engaging in contact with their mother.

            In the succeeding years, contact has been arranged between N and the children on a number of occasions.  Since 1996 contact has taken place six times per year facilitated and supervised by the applicant Trust.  There has been no contact at all with M McM.  It is the Trust case that in recent times N's contact with M and A has been uncomfortable and emotionally challenging for the children and in particular for M.  It is the Trust case that N is invariably accompanied by her husband during the contact visits and Mr C has talked inappropriately to M about M McM and the M McM extended family.  M has found this very distressing.

            I have read the statements of N dated 24 April 2001 and 8 May 2001.


 
  IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND   FAMILY DIVISION   ------------   RE M and A   ------------       JUDGMENT       OF       GILLEN J       ------------