L. (D.) v. T. (D.) [1998] IESC 40 (9th November, 1998)

The trial judge's decision to award custody to the father was correct, supported by ample evidence including the psychiatrist's report, and there was no procedural or substantive error warranting reversal or rehearing.

Citation: [1998] IESC 40
Parties: Applicant/appellant: Mrs D.; Respondent: Mr D.
Jurisdiction: Ireland
Procedural Posture: Appeal / Judgment
Outcome: Appeal dismissed
Legal Topics: Custody Determination, International Child Abduction, Best Interests of the Child

Family Law Child Custody Custody Determination International Child Abduction Best Interests of the Child

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs D.

Applicant/appellant

Mr D.

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether the trial judge erred in awarding sole custody to the Respondent and permitting removal of the child to the United States
2 Whether the trial judge failed to have regard for the best interests and welfare of the child
3 Whether the trial judge erred in law and fact by making findings contrary to evidence

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Custody of E. D. remains with the Respondent (father)
Access to E. D. by the Applicant (mother) to be determined by the appropriate court in the United States