I. -v- I. [2011] IEHC 411 (08 July 2011)

I. -v- I. [2011] IEHC 411 (08 July 2011)

The risk of parental alienation by the mother, reinforced by her family and community in B., outweighs the logistical advantages of schooling in B.; the welfare of the child is best served by maintaining schooling and primary residence arrangements that facilitate ongoing contact with both parents and minimize alienation, as recommended by the section 47 expert and confirmed by the court's findings.

Citation
[2011] IEHC 411
Parties
Applicant: I.; Respondent/appellant: I.
Jurisdiction
Ireland
Judgment Date
08 July 2011
Procedural Posture
Circuit Court Appeal / High Court Judgment on Appeal From Circuit Court Order Regarding Custody, Access, and Schooling of a Child
Outcome
Appeal dismissed; Circuit Court order substantially affirmed with modifications.
Legal Topics
Judicial Separation, Custody, Access, Parenting Arrangements, Schooling of Child, Section 47 Reports, Parental Alienation
Family Law Judicial Separation Custody Access Parenting Arrangements Schooling of Child Section 47 Reports Parental Alienation

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Parties

I.

Applicant

I.

Respondent/appellant

Procedural Posture

Circuit Court Appeal / High Court Judgment on Appeal From Circuit Court Order Regarding Custody, Access, and Schooling of a Child

Legal Issues

  1. 1 Whether the child D.N. should attend school in B. or F. or as per Circuit Court order
  2. 2 Whether D.N. should mainly reside with his mother in B. if attending school there
  3. 3 Whether the risk of parental alienation by the mother if D.N. remains in B. is supported by the facts

Ratio Decidendi

The risk of parental alienation by the mother, reinforced by her family and community in B., outweighs the logistical advantages of schooling in B.; the welfare of the child is best served by maintaining schooling and primary residence arrangements that facilitate ongoing contact with both parents and minimize alienation, as recommended by the section 47 expert and confirmed by the court's findings.

Court Disposition

Appeal dismissed; Circuit Court order substantially affirmed with modifications.

Orders

  • Child D.N. to remain in joint custody of both parents.
  • Schooling to be at T. national school or alternative as previously directed, not in B.