A. v B. (Approved) [2020] IEHC 480 (24 September 2020)

A. v B. (Approved) [2020] IEHC 480 (24 September 2020)

The court found, based on the evidence of the psychotherapist and the history of the appellant's alcohol dependency and its impact on the children, that only a very limited form of access is in the best interests of the minor child X. The court affirmed the Circuit Court's order with modifications to expressly implement the expert's recommendations, including limited written and text communication, subject to undertakings by the appellant and monitoring by the respondent.

Citation
[2020] IEHC 480
Parties
Appellant: A; Respondent: B
Jurisdiction
Ireland
Judgment Date
24 September 2020
Procedural Posture
Family Law Appeal / High Court Appeal From Circuit Court Order
Outcome
Appeal dismissed with modifications; Circuit Court order affirmed with supplementary provisions.
Legal Topics
Judicial Separation, Divorce, Child Custody, Child Access, Alcohol Dependency, Best Interests of the Child
Family Law Judicial Separation Divorce Child Custody Child Access Alcohol Dependency Best Interests of the Child

Case Brief

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Parties

A

Appellant

B

Respondent

Procedural Posture

Family Law Appeal / High Court Appeal From Circuit Court Order

Legal Issues

  1. 1 Whether the appellant mother should be granted greater access to her minor child X
  2. 2 Whether the existing Circuit Court order on access and custody should be affirmed or varied

Ratio Decidendi

The court found, based on the evidence of the psychotherapist and the history of the appellant's alcohol dependency and its impact on the children, that only a very limited form of access is in the best interests of the minor child X. The court affirmed the Circuit Court's order with modifications to expressly implement the expert's recommendations, including limited written and text communication, subject to undertakings by the appellant and monitoring by the respondent.

Court Disposition

Appeal dismissed with modifications; Circuit Court order affirmed with supplementary provisions.

Orders

  • Affirmation of Circuit Court order points 1-4 and 6-7 as they relate to the minor child X only.
  • Appellant to give undertakings not to ring X, not to approach the family home, and not to attend X's school.