A.B -v- C.D [2013] IEHC 638 (21 June 2013)

A.B -v- C.D [2013] IEHC 638 (21 June 2013)

The evidence does not meet the standard of proof required to substantiate the allegations of sexual abuse. Both parties have engaged in behaviour detrimental to the children, but neither is fit for sole custody. The welfare of the children requires a fresh start with joint custody and phased access arrangements, supported by expert assistance.

Citation
[2013] IEHC 638
Parties
Applicant: A. B.; Respondent: C. D.
Jurisdiction
Ireland
Judgment Date
21 June 2013
Procedural Posture
Family Law Guardianship/custody Application / Final Judgment After Full Hearing
Outcome
joint custody granted; access to be phased in per parenting programme
Legal Topics
Guardianship of Infants, Custody, Access, Child Welfare, Parental Alienation, Allegations of Abuse
Family Law Child Law Guardianship of Infants Custody Access Child Welfare Parental Alienation Allegations of Abuse

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Parties

A. B.

Applicant

C. D.

Respondent

Procedural Posture

Family Law Guardianship/custody Application / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether sole or joint custody should be granted to either parent
  2. 2 Whether access should be regulated and in what manner
  3. 3 Whether allegations of sexual abuse and parental alienation are substantiated and relevant to custody

Ratio Decidendi

The evidence does not meet the standard of proof required to substantiate the allegations of sexual abuse. Both parties have engaged in behaviour detrimental to the children, but neither is fit for sole custody. The welfare of the children requires a fresh start with joint custody and phased access arrangements, supported by expert assistance.

Court Disposition

joint custody granted; access to be phased in per parenting programme

Orders

  • Joint custody of the children to both parties
  • Access to the applicant to be developed in accordance with a parenting programme