The High Court varied parts of a Circuit Court order in a judicial separation case after the father lost his job shortly before the hearing. The judgment, delivered by Mr Justice John MacMenamin on 15 July 2010, dealt only with the parts of the earlier order that were disputed. It remitted the balance of the proceedings to the Circuit Court.
The court ordered access for the father from 11am to 7pm on alternate weekend days: Saturday one weekend and Sunday the next. It said access should not take place while his partner was present, while noting the arrangement could be varied if circumstances changed. The court left the earlier Christmas and Easter access provisions unchanged.
The father had been made redundant on 15 June 2010. His expected social welfare income was about €196 a week, though the judgment said his entitlements were still being established. The court ordered him to pay €30 a week in maintenance: €20 for the mother and €10 for the child. It also ordered that the mother receive half of his redundancy payment for her and the child’s benefit once it became due. The amount was not yet known; one estimate put it at about €30,000.
The court changed the earlier allocation of the family home, under which the parties’ interests had been divided 60:40. It ordered the father to sign documents transferring his interest to the mother. If she could not put a suitable arrangement in place with Ulster Bank within three months, the home was to be sold within nine months of the judgment, unless the parties agreed more time. The mother was to receive all remaining equity after the bank was paid. The judgment noted the bank required a full application, repayment capacity assessment and clearance of arrears before considering releasing the father from the mortgage. It said the parties should consider selling sooner if no workable bank arrangement was possible, to limit further arrears.
The court also considered three Dublin properties whose ownership had been disputed. The Circuit Court had concluded they belonged to the father’s father. After hearing evidence, the High Court found the legal documents showed the father was their owner and declared him owner of all three. It declared the mother entitled to a 25% interest in each property and 25% of their rents. The judge said there was no real claim to the mother having an interest in two other Dublin properties.
The judgment records the father’s indication that he was content for the mother to take the child to Spain for a two-week holiday. It does not set out a separate order on that holiday.