v.R. -v- S.R. [2016] IEHC 601 (24 June 2016)

v.R. -v- S.R. [2016] IEHC 601 (24 June 2016)

The court determined that, having regard to the best interests of the child and the views expressed by E., overnight weekend access with the father should be suspended for E., and access should be changed to day visits only for her, with one weekend in four without access to allow the children time with the mother. The decision was based on the evidence of the child's discomfort and the expert recommendation, as well as the statutory requirement to consider the child's welfare and views.

Citation
[2016] IEHC 601
Parties
Applicant: V. R.; Respondent: S. R.
Jurisdiction
Ireland
Judgment Date
24 June 2016
Procedural Posture
Circuit Court Appeal (family Law) / Interlocutory Appeal and Notice of Motion Regarding Variation of Access Pending Full Appeal
Outcome
Appeal and notice of motion allowed in part; access arrangements varied pending full appeal.
Legal Topics
Custody and Access, Judicial Separation, Voice of the Child, Section 47 Report, Variation of Access Orders
Family Law Custody and Access Judicial Separation Voice of the Child Section 47 Report Variation of Access Orders

Case Brief

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Parties

V. R.

Applicant

S. R.

Respondent

Procedural Posture

Circuit Court Appeal (family Law) / Interlocutory Appeal and Notice of Motion Regarding Variation of Access Pending Full Appeal

Legal Issues

  1. 1 Whether overnight weekend access for the eldest child (E.) with the father should be altered or suspended
  2. 2 Whether access should be changed from every weekend to every alternate weekend
  3. 3 How the best interests and views of the child should be weighed in access arrangements

Ratio Decidendi

The court determined that, having regard to the best interests of the child and the views expressed by E., overnight weekend access with the father should be suspended for E., and access should be changed to day visits only for her, with one weekend in four without access to allow the children time with the mother. The decision was based on the evidence of the child's discomfort and the expert recommendation, as well as the statutory requirement to consider the child's welfare and views.

Court Disposition

Appeal and notice of motion allowed in part; access arrangements varied pending full appeal.

Orders

  • E. shall not be obliged to attend overnight weekend access with the father; instead, father to collect E. at 10am and return at 5pm or as agreed.
  • Father shall not have weekend access one weekend in four, starting two weekends after judgment, to facilitate transition.