D. -v- D. [2011] IEHC 120 (1 March 2011)

D. -v- D. [2011] IEHC 120 (1 March 2011)

The Court accepted Dr. Byrne's recommendations as generally preferable, finding that the children's interests require stability and continuity, but due to parental conduct and circumstances, a 50/50 custody arrangement is adopted as a 'solution of the second best' to safeguard the paramount interests of the children. The Court rejected the husband's proposal to revisit custody after six months as destabilising, and ordered the wife and children to vacate the family home within two months, with liberty to apply for enforcement of ancillary relief.

Citation
[2011] IEHC 120
Parties
Applicant: W. D.; Respondent: S. D.
Jurisdiction
Ireland
Judgment Date
01 March 2011
Procedural Posture
Family Law Judicial Separation and Custody / Final Judgment on Custody and Related Orders
Outcome
Custody and care arrangements ordered; 50/50 week-on/week-off custody; ancillary orders regarding holidays, transport, and vacating family home.
Legal Topics
Judicial Separation, Custody Arrangements, Guardianship of Infants, Jurisdiction, Child Welfare
Family Law Child Custody Judicial Separation Custody Arrangements Guardianship of Infants Jurisdiction Child Welfare

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

W. D.

Applicant

S. D.

Respondent

Procedural Posture

Family Law Judicial Separation and Custody / Final Judgment on Custody and Related Orders

Legal Issues

  1. 1 Jurisdiction of Irish courts in judicial separation and custody
  2. 2 Entitlement to judicial separation
  3. 3 Appropriate custody and care arrangements for children

Ratio Decidendi

The Court accepted Dr. Byrne's recommendations as generally preferable, finding that the children's interests require stability and continuity, but due to parental conduct and circumstances, a 50/50 custody arrangement is adopted as a 'solution of the second best' to safeguard the paramount interests of the children. The Court rejected the husband's proposal to revisit custody after six months as destabilising, and ordered the wife and children to vacate the family home within two months, with liberty to apply for enforcement of ancillary relief.

Court Disposition

Custody and care arrangements ordered; 50/50 week-on/week-off custody; ancillary orders regarding holidays, transport, and vacating family home.

Orders

  • Children to spend alternate weeks (Monday–Monday) with each parent throughout the year.
  • Dr. Byrne's recommendations (paras 3.6 to 4.2) adopted subject to holidays.