A.B -v- C.D (No. 2) [2013] IEHC 476 (12 July 2013)

A.B -v- C.D (No. 2) [2013] IEHC 476 (12 July 2013)

Given Edward's maturity, expressed wishes, and the beneficial effects of both parents' care, the court found it appropriate to allow a degree of self-determination and not to interfere with the broad findings of the Circuit Court, subject to specific orders regarding schooling and information flow.

Citation
[2013] IEHC 476
Parties
Applicant: A. B.; Respondent/appellant: C. D.
Jurisdiction
Ireland
Judgment Date
12 July 2013
Procedural Posture
Family Law Appeal / High Court Appeal From Circuit Court Judgment
Outcome
Appeal dismissed with modifications
Legal Topics
Custody, Access, Guardianship, Voice of the Child, Judicial Separation
Family Law Custody Access Guardianship Voice of the Child Judicial Separation

Case Brief

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Parties

A. B.

Applicant

C. D.

Respondent/appellant

Procedural Posture

Family Law Appeal / High Court Appeal From Circuit Court Judgment

Legal Issues

  1. 1 Whether the custody and access arrangements for the child Edward should be altered
  2. 2 Whether the appointment of a guardian ad litem by the Circuit Court was lawful
  3. 3 How the child's wishes should be weighed in determining custody

Ratio Decidendi

Given Edward's maturity, expressed wishes, and the beneficial effects of both parents' care, the court found it appropriate to allow a degree of self-determination and not to interfere with the broad findings of the Circuit Court, subject to specific orders regarding schooling and information flow.

Court Disposition

Appeal dismissed with modifications

Orders

  • Edward to remain in the care arrangement as determined by the Circuit Court, with specific directions regarding schooling and information sharing.
  • Father to facilitate Edward's extracurricular activities during access.