The High Court has upheld a Circuit Court order allowing a child to relocate to England with his mother, but left final access arrangements for a later decision after discussions between the parents and their lawyers.
In a judgment delivered on 21 March 2013, Mr Justice Michael White said the child’s welfare supported the relocation. He said the child’s return to Ireland every fortnight was not in his interests and was “far too frequent”. The court indicated that eight visits to Ireland a year would be optimal: six funded by the mother and two by the father. Other access should take place in England, apart from holidays, with a substantial block of holiday time for the father.
The judge did not make final access orders at that stage. He directed the parties to discuss arrangements, with interim arrangements to operate while those discussions took place. The judgment does not set out the final schedule.
The appeal concerned a Circuit Court order made on 31 July 2012 after a four-day hearing. That order permitted the mother to relocate the child to England and provided access for the father in Ireland and England. The child had been living in England with his mother since 31 August 2012 and attending a Montessori school run by his maternal grandparents.
The judge said the mother had previously failed to tell the father about her decision to stay in the United Kingdom or her whereabouts, and had not offered contact there. He said that conduct was not in the child’s interests, but should not determine the present decision, given the time that had passed and the other considerations before the court.
The judgment described the mother as the child’s primary carer and said her housing and employment prospects in Ireland were tenuous, while her family had moved to England for economic and family reasons. It also recognised the father’s strong relationship with the child and his wish for more contact. The judge concluded contact could continue if both parents made strenuous efforts, and said the order could be enforced in England and Wales.
The court said it was not in the child’s best interests to attend the Montessori school run by his grandparents. The parents were to agree on another school or have the court decide. It also directed an expert report on the child’s speech development, with the cost shared equally. The court said it would issue a certificate to enable enforcement of the order in England and Wales.