B.C. v P.K. (Approved) [2020] IEHC 432 (17 June 2020)

B.C. v P.K. (Approved) [2020] IEHC 432 (17 June 2020)

It is unwise and undesirable for the author of a s. 47 report to be involved in subsequent counselling or therapeutic care of the children, especially where one parent objects, as this could compromise independence and create future evidentiary and appointment difficulties. The father's application is dismissed, and parties are directed to agree on an alternative counsellor.

Citation
[2020] IEHC 432
Parties
Applicant: B. C.; Respondent: P. K.
Jurisdiction
Ireland
Judgment Date
17 June 2020
Procedural Posture
Family Law Motion / Post Judicial Separation, Motion for Therapeutic Care Order
Outcome
application dismissed
Legal Topics
Judicial Separation, Custody and Access, Therapeutic Care, Expert Evidence, Costs
Family Law Judicial Separation Custody and Access Therapeutic Care Expert Evidence Costs

Case Brief

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Parties

B. C.

Applicant

P. K.

Respondent

Procedural Posture

Family Law Motion / Post Judicial Separation, Motion for Therapeutic Care Order

Legal Issues

  1. 1 Whether the court should order ongoing therapeutic care for the children with Professor S. against the mother's wishes
  2. 2 Whether the author of a s. 47 report should be involved in subsequent counselling or therapeutic care of the children

Ratio Decidendi

It is unwise and undesirable for the author of a s. 47 report to be involved in subsequent counselling or therapeutic care of the children, especially where one parent objects, as this could compromise independence and create future evidentiary and appointment difficulties. The father's application is dismissed, and parties are directed to agree on an alternative counsellor.

Court Disposition

application dismissed

Orders

  • proceedings re-entered
  • order sought by father refused