The High Court has ordered joint guardianship and joint custody of two young children after a review of their care arrangements, while assigning day-to-day medical decisions to their mother and educational decisions to their father in the first instance.
The judgment, delivered by Ms Justice Nuala Jackson on 21 June 2024, also sets a rotating care schedule and directs that the children’s primary residence be with their mother. The judge said that designation describes the fact that the children spend more time in her care; it does not give her a superior parenting role or change the parents’ joint responsibilities.
The review followed an earlier decision and considered new evidence, including a court-appointed psychological assessment. The judge said the assessor found no material parenting deficits in either parent, but identified significant difficulties in their ability to co-parent. The children were born prematurely and have developmental needs. The judge said addressing those needs and ensuring appropriate medical and psychological interventions was urgent.
Under the orders, the father will have the children on alternating weekends in the first two weeks of a three-week cycle, with midweek visits in Dublin. He will also have a Tuesday-to-Wednesday visit in the third week, when the children otherwise spend the weekend with their mother. The children are to attend pre-school or primary school in Dublin, and the parents are to jointly select the school and a Dublin GP practice. Both may attend appointments and events, with timely notice to the other parent.
The court ordered parental facilitation assistance and adopted two recommendations from the assessor’s report. It directed that steps be taken to register the respondent as the children’s father and amend their birth certificates, dispensing with the applicant’s consent for that purpose. The judgment says the in-camera rule was lifted as required to enable the registration.
The judge said the children’s relationship with both parents should continue to develop, and warned that ongoing negativity or disrespect between the parents could harm their wellbeing. A review of the arrangements is to take place in January 2026, with the matter remitted to the Circuit Family Court to arrange a review date in March or April 2026. The orders are to commence in the week after a mention hearing.
In an addendum, the judge explained that “primary residence” is used descriptively to identify the children’s principal abode and may help avoid multiple health and education catchment areas. It does not diminish either parent’s joint custody or guardianship responsibilities.