Judgment: 2026-07-28 · Court archive

High Court transfers adapted family home to mother in divorce involving child with severe additional needs

High Court, Family Law, Circuit Appeal · [2026] IEHC 580

Who, what, where, when and why

Who
  • A.B.W.
  • X.Y.
  • Ms Justice Nuala Jackson
What

High Court transfers adapted family home to mother in divorce involving child with severe additional needs

Where

Places mentioned in the report

  • High Court
When

Judgment:

Why

Reasons reported in the judgment

In a judgment delivered on 28 July 2026, Ms Justice Nuala Jackson held that A.B.W. should have exclusive occupation of the mortgage-free home for life, subject to limited periods when X.Y. needs to use it to care for the younger child.

The High Court has ordered that an adapted family home valued at €520,000 be transferred to a mother as part of divorce arrangements for a family whose younger child has severe additional needs and is expected to remain dependent long term.

In a judgment delivered on 28 July 2026, Ms Justice Nuala Jackson held that A.B.W. should have exclusive occupation of the mortgage-free home for life, subject to limited periods when X.Y. needs to use it to care for the younger child.

The parties married in 2003 and have two dependent children, aged 17 and 14. The court found that both parents had made very substantial financial and caring contributions over many years. The mother had significantly altered her employment to meet care demands, while the father remained the principal earner and continued to provide considerable hands-on care after the relationship ended.

The judge expressly rejected any suggestion that the father's departure from the marriage amounted to abandonment of his family responsibilities.

The family home had been adapted for the younger child's needs and was close to established family, community and employment supports. The court found those factors, together with the mother's reduced earning capacity, career sacrifices and lower pension provision, justified transferring it to her.

To assist the father in obtaining secure accommodation, he will retain most savings, investments and share options. €15,000 must first be placed in a joint fund for the older child's educational costs. The father was ordered to pay €800 a month in child maintenance, divided equally between the children, and to meet the cost of counselling for the older child subject to insurance recovery.

Both parents remain joint custodians. No contact order was made for the 17-year-old because of his wishes, while detailed weekend and holiday arrangements were ordered for the younger child.

The court concluded that these arrangements constituted proper provision and granted a decree of divorce.

Read the original court judgment

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