G v B (Section 32, access, best interests of the child) (Approved) [2024] IEHC 679 (11 October 2024)

G v B (Section 32, access, best interests of the child) (Approved) [2024] IEHC 679 (11 October 2024)

The best interests of the children require joint custody, regular overnight access with the father, and arrangements that balance stability, predictability, and parental involvement. The father's week on/week off proposal is rejected due to concerns about anxiety, confidence deficits, and disruptive care routines. Only the older child should attend play therapy unless GP referral is provided for the younger child. Both parents may use responsible adults for collection/delivery. Orders are made under section 15(1)(f) Family Law (Divorce) Act, 1996 and sections 11 and 11A Guardianship of Infants Act, 1964.

Citation
[2024] IEHC 679
Parties
Applicant: C. G.; Respondent: D. B
Jurisdiction
Ireland
Judgment Date
11 October 2024
Procedural Posture
Family Law (divorce) Child Arrangements / Final Determination of Child Arrangements Schedule
Outcome
Child arrangements schedule varied; joint custody ordered; specific access schedule set; therapeutic intervention ordered for older child only unless GP referral for younger child; liberty to apply granted.
Legal Topics
Child Custody, Access Arrangements, Best Interests of the Child, Therapeutic Intervention, Parental Acrimony, Section 31 Guardianship of Infants Act
Family Law Child Custody Access Arrangements Best Interests of the Child Therapeutic Intervention Parental Acrimony Section 31 Guardianship of Infants Act

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Parties

C. G.

Applicant

D. B

Respondent

Procedural Posture

Family Law (divorce) Child Arrangements / Final Determination of Child Arrangements Schedule

Legal Issues

  1. 1 What child arrangements schedule best serves the welfare and best interests of the children?
  2. 2 Should the current access arrangements be varied given the father's relocation?
  3. 3 Is play therapy required for both children or only one?

Ratio Decidendi

The best interests of the children require joint custody, regular overnight access with the father, and arrangements that balance stability, predictability, and parental involvement. The father's week on/week off proposal is rejected due to concerns about anxiety, confidence deficits, and disruptive care routines. Only the older child should attend play therapy unless GP referral is provided for the younger child. Both parents may use responsible adults for collection/delivery. Orders are made under section 15(1)(f) Family Law (Divorce) Act, 1996 and sections 11 and 11A Guardianship of Infants Act, 1964.

Court Disposition

Child arrangements schedule varied; joint custody ordered; specific access schedule set; therapeutic intervention ordered for older child only unless GP referral for younger child; liberty to apply granted.

Orders

  • Every second weekend, Friday afterschool to Sunday 5.30 pm with father; Wednesday overnight with father weekly (option for Tuesday overnight if desired, but only one midweek overnight); only older child to attend play therapy unless GP referral for younger child; collection/delivery may be facilitated by responsible...