M.R. -v- D.R. [2016] IEHC 459 (15 June 2016)

M.R. -v- D.R. [2016] IEHC 459 (15 June 2016)

Given the history of breaches of undertakings by the applicant, the unresolved status of conflicting US and Irish court orders, the recommendations of the court-appointed assessor, and the child's own views and need for stability, it is not in the best interests of the child to permit travel to the USA for access at this time. The relationship between the child and his mother must be further consolidated in Ireland, with structured access and improved co-parenting communication, before any reconsideration of travel for access can occur.

Citation
[2016] IEHC 459
Parties
Applicant: M. R.; Respondent: D. R.
Jurisdiction
Ireland
Judgment Date
15 June 2016
Procedural Posture
Guardianship/access (family Law) / High Court Judgment on Motion for Access (final Order)
Outcome
Application for access in the USA refused; structured access in Ireland ordered.
Legal Topics
Guardianship, Access, Jurisdiction, Habitual Residence, Best Interests of the Child, International Child Abduction, Enforcement of Foreign Orders
Family Law Child Law Guardianship Access Jurisdiction Habitual Residence Best Interests of the Child International Child Abduction +1 more

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Parties

M. R.

Applicant

D. R.

Respondent

Procedural Posture

Guardianship/access (family Law) / High Court Judgment on Motion for Access (final Order)

Legal Issues

  1. 1 Whether the child J. R. should be permitted to travel to the USA for access with his mother
  2. 2 Whether such travel is in the best interests of the child
  3. 3 Jurisdiction of Irish courts over custody and access

Ratio Decidendi

Given the history of breaches of undertakings by the applicant, the unresolved status of conflicting US and Irish court orders, the recommendations of the court-appointed assessor, and the child's own views and need for stability, it is not in the best interests of the child to permit travel to the USA for access at this time. The relationship between the child and his mother must be further consolidated in Ireland, with structured access and improved co-parenting communication, before any reconsideration of travel for access can occur.

Court Disposition

Application for access in the USA refused; structured access in Ireland ordered.

Orders

  • Applicant mother to present an access plan for the next twelve months, including at least three visits to Ireland with full day and overnight access for at least one week at a time.
  • Daily Skype access permitted for up to one hour at 7pm Irish time (1pm Illinois time), with the child to have access to a device only during this period.