C. v D. (Approved) [2024] IEHC 638 (07 February 2024)

C. v D. (Approved) [2024] IEHC 638 (07 February 2024)

Relocation is refused because it would not be in the best interests of the child, who is thriving in Ireland and has strong relationships with the father and paternal relatives. The adverse impact of relocation outweighs the mother's genuine motivation and potential benefits. Maintenance and property orders are varied to ensure the child's welfare and stability.

Citation
[2024] IEHC 638
Parties
Appellant: C.; Respondent: D.
Jurisdiction
Ireland
Judgment Date
07 February 2024
Procedural Posture
Family Law Appeal / High Court Judgment on Appeal From Circuit Court
Outcome
Appeal dismissed; Circuit Court order affirmed with variations.
Legal Topics
Child Relocation, Custody, Maintenance, Guardianship, Best Interests of the Child
Family Law Child Relocation Custody Maintenance Guardianship Best Interests of the Child

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

C.

Appellant

D.

Respondent

Procedural Posture

Family Law Appeal / High Court Judgment on Appeal From Circuit Court

Legal Issues

  1. 1 Should the mother be permitted to relocate with the child to the United States?
  2. 2 What are the appropriate arrangements for maintenance and property transfer?
  3. 3 How should access and contact be structured post-judgment?

Ratio Decidendi

Relocation is refused because it would not be in the best interests of the child, who is thriving in Ireland and has strong relationships with the father and paternal relatives. The adverse impact of relocation outweighs the mother's genuine motivation and potential benefits. Maintenance and property orders are varied to ensure the child's welfare and stability.

Court Disposition

Appeal dismissed; Circuit Court order affirmed with variations.

Orders

  • Relocation application refused; child to remain in Ireland.
  • Respondent to pay €300,000 to applicant within two months for accommodation.