The High Court has rejected a father’s appeal to reduce child maintenance and replace weekly overnight access with monthly weekend visits, affirming the Circuit Family Court’s orders on those issues. The appeal was limited to maintenance and access; the other Circuit Court orders were not challenged and were also affirmed. The High Court left final orders and costs for a later step.
The father, Mr G., had appealed an order requiring him to pay €800 a month for the parties’ three children, plus two annual payments of €300 for expenses understood to include Christmas and back-to-school costs. He had continued paying €500 a month and said he could not afford more. The mother, Ms O., was on half pay while recovering from spinal surgery and was carrying most of the children’s care costs.
The court found that Mr G. had not adequately documented or explained several claimed debts, including alleged loans from friends and family. It was also not satisfied that the evidence showed his health difficulties would have a substantial, lasting effect on his ability to work. The judge concluded that €800 a month was fair and could be paid if Mr G. managed his finances and prioritised the children’s care.
The court allowed a limited adjustment for the period when Mr G. was on reduced pay after fracturing his ribs. He would not have to pay immediately the €300 monthly difference between the ordered and paid maintenance from July 2023, or the missed €300 payment due in August 2023. Any resulting deficit must instead be paid from the €45,000 he is due from the sale of a property. The €800 monthly payments and additional annual payments are to begin when the High Court orders are perfected. The judgment also directed payment of the December 2023 €300 by 1 April 2024 if it remained unpaid.
Mr G.’s proposed access changes included replacing weekly Wednesday overnight visits with one weekend a month, with possible additional and informal visits. The court found the proposal would reduce his overall contact and give him flexibility to start or disengage from visits at his choice. It concluded that consistent, regular access better served the children’s welfare and affirmed the Circuit Court arrangements.
Those arrangements include weekly Wednesday overnight access and one overnight Saturday visit each month, alongside specified holiday and Christmas access. The order also requires the parents to use the My Family Wizard app for communications, with the cost shared equally. The High Court directed that future applications, except those concerning costs and final orders in this appeal, be made to the Circuit Family Court. It expressed a provisional view that there should be no order as to appeal costs and set 15 March 2024 as the deadline to notify the court of any dispute about the final orders or submissions on costs.