The High Court confirmed an interim decision that a child, identified as D.N., attend T. national school, rejecting his mother’s appeal against a Circuit Court order addressing his schooling and care arrangements. The court also set limits on parenting communications and directed the parties to seek mediation before any further proceedings, while inviting them to address it on the final form of the appeal order and costs.
The appeal concerned a November 2009 Circuit Court order continuing joint custody and setting access arrangements. It provided that, from September 2010, D.N.’s school should be agreed by both parents or, absent agreement, be within two miles of his father’s home in F., subject to conditions including access to afternoon crèche facilities. The mother appealed the schooling arrangements, while not appealing the joint-custody order. The High Court had stayed the Circuit Court order pending the appeal and, in December 2009, arranged for a second welfare report.
During the appeal, the High Court directed that attempts be made to enrol D.N. at T. national school, with alternative schools to be pursued in a specified order if it was unavailable. D.N. began attending T. in September 2010. The judge heard evidence about his progress there, the travel burden on his mother and the parents’ competing accounts of their interactions and his relationship with each of them.
The judge concluded that the practical advantages of schooling in B. were outweighed by the risk that D.N.’s relationship with his father would suffer if he attended school and primarily lived there. The court relied in part on the evidence of the court-appointed child psychologist, while also considering the parents’ evidence and the evidence of the mother’s relatives. These were the High Court’s conclusions in deciding the appeal; the judgment records allegations and disputed accounts from both parents, as well as the judge’s separate interim findings on certain matters.
The court confirmed its interim schooling decision. It directed that no more than two telephone calls, texts or emails pass between the parties about parenting matters, to prevent what the judgment described as obsessive behaviour by either side. Each parent was to copy the other on school reports and notify them promptly, including by a brief text or email where needed. Before bringing further proceedings, the parties were directed to seek mediation with a nominated solicitor, although the court noted that it could not legally prevent further proceedings. The parties could change the mediator by agreement, but would have to explain to the court if they did not take up mediation before returning.
The judgment did not set out the complete final appeal order: the court invited the parties to address it on whether further parts of the Circuit Court order should be incorporated and on costs before the order was finalised.