N.K. -v- S.K. [2016] IEHC 571 (29 July 2016)

N.K. -v- S.K. [2016] IEHC 571 (29 July 2016)

The welfare and best interests of the dependent children necessitate the mother’s return to the family home and the exclusion of the father pending full hearing, based on expert evidence of psychological harm and parental conflict, and the court’s jurisdiction under s. 11 Guardianship of Infants Act 1964 and s. 6 Family Law Act 1995.

Citation
[2016] IEHC 571
Parties
Applicant: N. K.; Respondent: S. K.
Jurisdiction
Ireland
Judgment Date
29 July 2016
Procedural Posture
Family Law Motion / Interlocutory Hearing
Outcome
Interlocutory orders granted in favour of respondent; applicant directed to vacate family home; access arrangements modified; stay refused; costs reserved.
Legal Topics
Judicial Separation, Child Custody, Access Arrangements, Exclusion From Family Home, Welfare of Children, Barring Order
Family Law Judicial Separation Child Custody Access Arrangements Exclusion From Family Home Welfare of Children Barring Order

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Parties

N. K.

Applicant

S. K.

Respondent

Procedural Posture

Family Law Motion / Interlocutory Hearing

Legal Issues

  1. 1 Whether the applicant should be directed to vacate the family home to facilitate the welfare of dependent children
  2. 2 Whether a barring order or protection order is warranted
  3. 3 Whether access arrangements comply with the welfare and best interests of the children

Ratio Decidendi

The welfare and best interests of the dependent children necessitate the mother’s return to the family home and the exclusion of the father pending full hearing, based on expert evidence of psychological harm and parental conflict, and the court’s jurisdiction under s. 11 Guardianship of Infants Act 1964 and s. 6 Family Law Act 1995.

Court Disposition

Interlocutory orders granted in favour of respondent; applicant directed to vacate family home; access arrangements modified; stay refused; costs reserved.

Orders

  • Applicant to vacate family home by 6th August at 5pm; mother to enter at 5.15pm and remain pending full hearing.
  • Two dependent children to remain under mother’s primary care and control in family home pending further determination.