The High Court has granted a decree of judicial separation to a couple identified as R.S. and T.S., and directed that their two children spend alternate weeks with each parent under a joint custody arrangement.
The judgment, delivered by Mr Justice Keane on 11 April 2014, followed proceedings begun by the husband in June 2012. The wife also sought a separation and ancillary relief. The court said it did not need to decide the parties’ reciprocal allegations of misconduct. It noted that the marriage had broken down and that a normal marital relationship had not existed for at least a year before the application. An allegation of adultery pleaded by the husband was not pursued at trial, and the court said there was no evidence supporting it.
The parties had agreed to interim arrangements in June 2012, under which the children lived primarily with their mother and spent specified weekends and Wednesday nights with their father. The husband sought equal time, proposing alternate weeks. The wife argued for less contact, alleging that he tried to influence the children against her; he denied this.
A court-appointed clinical psychologist recommended that the children continue living primarily with their mother, with regular access to their father. Justice Keane rejected that recommendation, finding no logical basis in the evidence for concluding that equal weekly periods would be less predictable or stable. The older child had said he wanted to spend two days with each parent. The court also noted that the father had rented a home in the same area as the family home to avoid disruption to the children’s schooling and social activities.
The court ordered joint custody and equal time on a one-week-on, one-week-off basis. It accepted the psychologist’s evidence that the children were coping and did not require counselling. The judge reserved the detailed form of the order, including handovers, holidays and consequential matters, for further submissions.
On finances, the court valued the jointly owned family home at €500,000. It estimated the overall asset pool, including the home, at about €1.987 million. The court said it would make orders broadly in line with the husband’s proposal, including transfer of the family home and one investment property to the wife, a €100,000 lump sum, and continued maintenance of €1,500 a month. It also proposed transferring one of the husband’s pension policies to the wife and making a preservation order concerning his institutional superannuation scheme.
The court said the wife’s equal share of childcare would give her greater scope to seek work. It reserved submissions on the final form of the order reflecting its findings.