L.D. v N.D. (Approved) [2020] IEHC 268 (27 February 2020)

L.D. v N.D. (Approved) [2020] IEHC 268 (27 February 2020)

The High Court determined that the best interests of the child R. would be served by permitting the appellant mother to relocate with R. to Manchester, UK, where she will have greater family support and personal resilience, provided that robust and structured access arrangements are put in place to maintain R.'s relationship with the respondent father and his extended family. The court found that the proposed relocation would not undermine R.'s welfare and that the mother is committed to facilitating ongoing contact with the father. The court rejected the respondent's proposal for joint property acquisition and shared care in Dublin as not being in the best interests of R. given the...

Citation
[2020] IEHC 268
Parties
Appellant: L. D.; Respondent: N. D.
Jurisdiction
Ireland
Judgment Date
27 February 2020
Procedural Posture
Appeal (family Law, Relocation of Child) / High Court Judgment on Appeal From Circuit Court
Outcome
Appeal allowed; relocation granted
Legal Topics
Relocation of Child, Guardianship, Custody, Best Interests of the Child, Access Rights, Maintenance, Parental Responsibility
Family Law Child Law Relocation of Child Guardianship Custody Best Interests of the Child Access Rights Maintenance +1 more

Case Brief

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Parties

L. D.

Appellant

N. D.

Respondent

Procedural Posture

Appeal (family Law, Relocation of Child) / High Court Judgment on Appeal From Circuit Court

Legal Issues

  1. 1 Whether the appellant mother should be permitted to relocate with the child R. to Manchester, UK, against the wishes of the respondent father
  2. 2 What arrangements are in the best interests of the child regarding custody, access, and upbringing

Ratio Decidendi

The High Court determined that the best interests of the child R. would be served by permitting the appellant mother to relocate with R. to Manchester, UK, where she will have greater family support and personal resilience, provided that robust and structured access arrangements are put in place to maintain R.'s relationship with the respondent father and his extended family. The court found that the proposed relocation would not undermine R.'s welfare and that the mother is committed to facilitating ongoing contact with the father. The court rejected the respondent's proposal for joint property acquisition and shared care in Dublin as not being in the best interests of R. given the...

Court Disposition

Appeal allowed; relocation granted

Orders

  • The appellant mother is permitted to relocate with the child R. to Manchester, UK.
  • Structured access arrangements are to be put in place to ensure the respondent father maintains a meaningful relationship with R., including regular weekend access, holiday periods, and remote contact.