K v D [Section 32 report, primary residence of a child] (Approved) [2024] IEHC 652 (21 June 2024)

K v D [Section 32 report, primary residence of a child] (Approved) [2024] IEHC 652 (21 June 2024)

The best interests of the children require joint guardianship and joint custody, with day-to-day medical decisions allocated to the applicant and educational decisions to the respondent, and all other guardianship matters to be decided jointly. The children will have their primary residence with the applicant based on the factual reality of time spent, but both parents are to have significant and structured contact. Parental facilitation is ordered to address co-parenting deficits. Registration of the respondent as father is directed, and a review is scheduled for January 2026.

Citation
[2024] IEHC 652
Parties
Applicant: A. K.; Respondent: N. D.; Infant (suing by Next Friend A. K. by Order of the Court): M. R. D.; Infant (suing by Next Friend A. K. by Order of the Court): L. D. D.; Notice Party: The Attorney General
Jurisdiction
Ireland
Judgment Date
21 June 2024
Procedural Posture
Family Law Guardianship, Custody, Access / Review Hearing Following Original Decision
Outcome
Orders made as set out; joint guardianship and custody, structured access, parental facilitation, registration of paternity, review scheduled.
Legal Topics
Guardianship, Custody, Access, Best Interests of the Child, Section 32 Report, Parental Rights, Primary Residence, Joint Custody
Family Law Child Law Constitutional Law Guardianship Custody Access Best Interests of the Child Section 32 Report +3 more

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Parties

A. K.

Applicant

N. D.

Respondent

M. R. D.

Infant (suing by Next Friend A. K. by Order of the Court)

L. D. D.

Infant (suing by Next Friend A. K. by Order of the Court)

The Attorney General

Notice Party

Procedural Posture

Family Law Guardianship, Custody, Access / Review Hearing Following Original Decision

Legal Issues

  1. 1 Whether joint guardianship and joint custody are appropriate for the children
  2. 2 How day-to-day decision-making should be allocated between parents
  3. 3 Whether one parent should have primary residence

Ratio Decidendi

The best interests of the children require joint guardianship and joint custody, with day-to-day medical decisions allocated to the applicant and educational decisions to the respondent, and all other guardianship matters to be decided jointly. The children will have their primary residence with the applicant based on the factual reality of time spent, but both parents are to have significant and structured contact. Parental facilitation is ordered to address co-parenting deficits. Registration of the respondent as father is directed, and a review is scheduled for January 2026.

Court Disposition

Orders made as set out; joint guardianship and custody, structured access, parental facilitation, registration of paternity, review scheduled.

Orders

  • Applicant and respondent to be joint guardians and joint custodians.
  • Applicant responsible for day-to-day medical decisions; respondent for educational decisions; all other guardianship matters joint.