B.G. v J.C. (Approved) [2023] IEHC 785 (14 December 2023)

B.G. v J.C. (Approved) [2023] IEHC 785 (14 December 2023)

Applicant proved parentage on balance of probabilities through evidence and inferences from respondent's refusal to facilitate DNA testing. Best interests of the children require joint custody, access, and appointment of applicant as guardian on interim basis. Respondent's appeal struck out due to non-appearance; orders below affirmed with modifications. Costs to be reviewed in accordance with statutory principles.

Citation
[2023] IEHC 785
Parties
Applicant: B. G.; Respondent: J. C.; Notice Party: C. C.; Notice Party: D. C.
Jurisdiction
Ireland
Judgment Date
14 December 2023
Procedural Posture
Family Law Appeal / Appeal and Cross Appeal From Circuit Family Court Order
Outcome
Appeal by respondent struck out; cross-appeal by applicant allowed in part; orders below affirmed with modifications; interim orders made for custody, access, and guardianship; costs to be reviewed.
Legal Topics
Declaration of Parentage, Guardianship, Custody, Access, Costs, Parental Responsibility, DNA Testing, Best Interests of the Child
Family Law Child Law Declaration of Parentage Guardianship Custody Access Costs Parental Responsibility +2 more

Case Brief

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Parties

B. G.

Applicant

J. C.

Respondent

C. C.

Notice Party

D. C.

Notice Party

Procedural Posture

Family Law Appeal / Appeal and Cross Appeal From Circuit Family Court Order

Legal Issues

  1. 1 Whether the applicant is entitled to a declaration of parentage for twin children
  2. 2 Whether the applicant should be appointed guardian of the children
  3. 3 Determination of custody and access arrangements

Ratio Decidendi

Applicant proved parentage on balance of probabilities through evidence and inferences from respondent's refusal to facilitate DNA testing. Best interests of the children require joint custody, access, and appointment of applicant as guardian on interim basis. Respondent's appeal struck out due to non-appearance; orders below affirmed with modifications. Costs to be reviewed in accordance with statutory principles.

Court Disposition

Appeal by respondent struck out; cross-appeal by applicant allowed in part; orders below affirmed with modifications; interim orders made for custody, access, and guardianship; costs to be reviewed.

Orders

  • Declaration of parentage in favour of applicant
  • Joint custody to both parties; primary care and control to respondent