B. -v- O'R. [2009] IEHC 247 (15 May 2009)

B. -v- O'R. [2009] IEHC 247 (15 May 2009)

The welfare of the children is best served by remaining with their mother, their primary carer, and relocating with her to England. The arrangements for access and contact with their father as ordered by the Circuit Court are appropriate. The appeal is dismissed and the Circuit Court order affirmed.

Citation
[2009] IEHC 247
Parties
Applicant: K. B.; Respondent: L. O’R.
Jurisdiction
Ireland
Judgment Date
15 May 2009
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Child Custody, Guardianship, Relocation of Children, Welfare of the Child
Family Law Child Custody Guardianship Relocation of Children Welfare of the Child

Case Brief

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Parties

K. B.

Applicant

L. O’R.

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the relocation of the three dependent children with their mother to England should be permitted
  2. 2 Whether the welfare of the children is best served by remaining with their mother
  3. 3 Appropriate arrangements for access and contact with the father

Ratio Decidendi

The welfare of the children is best served by remaining with their mother, their primary carer, and relocating with her to England. The arrangements for access and contact with their father as ordered by the Circuit Court are appropriate. The appeal is dismissed and the Circuit Court order affirmed.

Court Disposition

appeal dismissed

Orders

  • Order of Circuit Court affirmed regarding relocation of children with mother to Harrowgate, England.
  • Arrangements for access and contact with father as per Circuit Court judgment upheld.