The High Court has ruled that a professional report on a child's views is not required before a court can make an interim access order in a family dispute involving a former non-genetic parent figure.
In a judgment delivered on 12 February 2026, Mr Justice Oisín Quinn rejected an argument that section 11B of the Guardianship of Infants Act 1964 prevented the court from granting interim access until an expert had formally ascertained and conveyed the child's views.
The case concerns two men who were in a relationship for more than ten years and a child, identified as Z, who was born through surrogacy in 2019. The respondent is Z's genetic father. The applicant has no genetic connection to Z but says he acted as a stay-at-home parent and was heavily involved in the child's daily care. Z, who is over six and has developmental needs including autism, called him “Dada”.
The couple separated in summer 2025. Access initially continued, including school collections and alternate weekends, but stopped after a disputed incident in early November.
The respondent argued that because Z was over six and an expert report had already been agreed, the court had to wait for that report before considering interim access.
The High Court disagreed. Mr Justice Quinn said the child's best interests remained the paramount consideration and that waiting several months for a report could itself be contrary to those interests.
The court also held that evidence about a child's views need not come only from a professional. Both parties had given evidence about what they believed Z's views to be, and the court was entitled to decide what weight to give that evidence.
The judge also distinguished cases involving parents and unrelated third parties, noting that the applicant had performed a parental role for a substantial part of Z's life.
The court therefore made a phased interim access order and separately directed that an agreed professional prepare a welfare and child-views report. The judgment deals only with the legal point, not the full reasoning behind the access arrangement.