M, A Child

[1] This judgment has been prepared in an anonymised form in order to protect the child with whom it is concerned. Nothing is to be published in any form which might jeopardise that protection, directly or indirectly.

[2] The application before the court is for an order that the child (M) should be freed for adoption without the consent of his parents because their consent is being withheld unreasonably. The applicant Trust was represented by Mrs Keegan QC with Ms M Smyth. The mother, Ms O, was represented by Mr McGuigan QC with Ms�U McGurk. The father, Mr J, was represented by Ms McGrenera QC with Ms�J�Flanagan. The Guardian Ad Litem was represented by Ms C McCullagh. I am grateful to all counsel for their assistance.

[6] From in or about spring 2011 the mother started to come to Northern Ireland with M. In September 2011 an emergency protection order was applied for and M was taken into care because of concerns about the mother's mental health and her ability to look after M. In November 2012 the father arrived in Northern Ireland for the first time. DNA testing was carried out to prove his paternity. Previously a man who declared himself to be M's uncle had come to Northern Ireland and asked to be assessed as a potential carer - it turned out in fact that he was no relation.

[8] There was some dispute in the course of the evidence about whether the parents had informed the Trust or Mr Stewart Whyte, the independent social worker, about the intended arrival of E. I do not believe that they did. Rather it appears that this information was provided to a solicitor who had previously acted for the father and who (quite properly) advised against that course of action in relation to E.

[9] During the course of Ms O's evidence she referred to the fact that she had another child, D, by a different partner. She said that D is now with her aunt and that she had regular contact with her, by phone and by writing. In cross-examination it was put to her by Mrs Keegan that Mr J had said that D was his child by a different woman, not her child by a different man. The answer given to this by Ms O was that the D she was talking about was different to the D he was talking about. She also said that G was not a child of hers but was instead a cousin.