The High Court affirmed a Dublin Circuit Court divorce decree in a family law appeal, while changing financial arrangements and ordering the sale of two properties abroad to help discharge mortgages on the family home in Ireland. It also directed the parents and their children to attend access facilitation, but made no specific access order at this stage.
In a judgment delivered on 7 February 2013, Mr Justice Michael White said the appeal followed a Circuit Court order of 7 February 2012 granting a divorce and ancillary orders. The High Court confirmed that the divorce decree took effect from the 2012 order date. It retained the appeal until the property sales and final property orders are completed.
The court ordered the jointly owned holiday property in T. sold forthwith, with a €500,000 reserve, and the property in I. sold by 30 September 2013, with a €350,000 reserve. Each party was assigned responsibility for arranging the sale of one property. Net proceeds are to be held by their respective solicitors pending further court orders. Once both properties are sold, the proceeds are to discharge two mortgages on the L. property in Ireland. The court reserved the final division of the remaining proceeds; the appellant’s share may not exceed 50% and may be less.
If both sales are completed and the mortgages discharged, the court said it would formally declare the appellant the legal and beneficial owner of the L. property. It reserved the possibility of ordering a sale of that property if either foreign property cannot be sold.
The respondent was ordered to pay €2,000 a month for the children, divided equally, and €1,000 a month to the appellant until 7 February 2017. He must continue the children’s health insurance. The court vacated an earlier order requiring him to pay half of school fees, books and uniforms; those costs are to be met from maintenance. It also made a pension adjustment order entitling the appellant to 50% of the respondent’s pension with his previous employer, subject to a formal order being finalised.
The court gave the parents joint custody, with primary care and control to the appellant and the children to reside with her. Their habitual residence is to be Ireland. Holidays abroad of up to four weeks are permitted without the respondent’s consent; longer stays or a permanent move require his consent or the court’s approval.
The court found the respondent fit to have access, but said contact had broken down and a specific access order would not help at that time. It ordered both parents and the children to attend facilitation and directed email, Skype and telephone contact as recommended by the facilitator. The appellant was directed to encourage contact and not undermine the respondent before the children. The court also dispensed with mutual safety orders and directed the appellant not to contact the respondent’s current employer.