S.P -v- J.E. [2013] IEHC 634 (21 March 2013)

S.P -v- J.E. [2013] IEHC 634 (21 March 2013)

The best interests and welfare of the child are paramount. There is no presumption in favour of the custodial parent. A balancing exercise of all relevant factors, including the impact of relocation on both parents and the child, supports affirming the Circuit Court's order permitting relocation, with revised access arrangements to maintain the child's relationship with the respondent.

Citation
[2013] IEHC 634
Parties
Applicant: S. P.; Respondent: J. E.
Jurisdiction
Ireland
Judgment Date
21 March 2013
Procedural Posture
Family Law Circuit Court Appeal / Appeal From Circuit Court Order on Relocation and Access
Outcome
Circuit Court order affirmed; relocation permitted with revised access arrangements.
Legal Topics
Child Relocation, Guardianship, Access Rights, Welfare of the Child
Family Law Child Relocation Guardianship Access Rights Welfare of the Child

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Parties

S. P.

Applicant

J. E.

Respondent

Procedural Posture

Family Law Circuit Court Appeal / Appeal From Circuit Court Order on Relocation and Access

Legal Issues

  1. 1 Whether the applicant should be permitted to relocate the child to England
  2. 2 What access arrangements are in the best interests of the child
  3. 3 Whether there is a presumption in favour of the custodial parent in relocation applications

Ratio Decidendi

The best interests and welfare of the child are paramount. There is no presumption in favour of the custodial parent. A balancing exercise of all relevant factors, including the impact of relocation on both parents and the child, supports affirming the Circuit Court's order permitting relocation, with revised access arrangements to maintain the child's relationship with the respondent.

Court Disposition

Circuit Court order affirmed; relocation permitted with revised access arrangements.

Orders

  • Applicant permitted to relocate child to England.
  • Access for respondent to occur eight times per year in Ireland (six funded by applicant, two by respondent), remainder in England.