C.N. -v- Q.G. [2016] IEHC 608 (22 July 2016)

C.N. -v- Q.G. [2016] IEHC 608 (22 July 2016)

The court held that as the child approaches three years of age, the benefits of continued breastfeeding must give way to the imperative of establishing overnight access with the father to strengthen the parent-child bond and prevent alienation. The court affirmed the Circuit Court's order for overnight access, with additional transitional provisions to facilitate the process and ensure the child's best interests are served.

Citation
[2016] IEHC 608
Parties
Applicant: C. N.; Respondent: Q. G.
Jurisdiction
Ireland
Judgment Date
22 July 2016
Procedural Posture
Circuit Court Appeal / Judgment on Appeal
Outcome
Circuit Court order affirmed in principle, varied with new transitional provisions for overnight access.
Legal Topics
Child Access, Overnight Access, Breastfeeding and Access, Best Interests of the Child, Parental Responsibility
Family Law Child Access Overnight Access Breastfeeding and Access Best Interests of the Child Parental Responsibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

C. N.

Applicant

Q. G.

Respondent

Procedural Posture

Circuit Court Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether overnight access to the father should be granted while the child is still being breastfed
  2. 2 How to balance the benefits of continued breastfeeding with the child's right to a meaningful relationship with both parents
  3. 3 What transitional arrangements are appropriate for overnight access

Ratio Decidendi

The court held that as the child approaches three years of age, the benefits of continued breastfeeding must give way to the imperative of establishing overnight access with the father to strengthen the parent-child bond and prevent alienation. The court affirmed the Circuit Court's order for overnight access, with additional transitional provisions to facilitate the process and ensure the child's best interests are served.

Court Disposition

Circuit Court order affirmed in principle, varied with new transitional provisions for overnight access.

Orders

  • Overnight access to the respondent father from the first Saturday in August 2016 at 10:15am to Sunday at 4:00pm and each fourth Saturday night thereafter.
  • First two overnight accesses to take place in the family home in the south, with respondent father paying applicant mother's transport and accommodation expenses to be nearby.