The High Court has refused a mother’s appeal to move with her daughter, A., from Ireland to the United States, finding that relocation would not serve the child’s welfare. The court affirmed the Circuit Court order refusing permission to relocate.
Mr Justice Jordan delivered the judgment on 7 February 2024. The mother, C., had appealed the relocation decision made on 12 June 2023, followed by written reasons on 17 August 2023. The father, D., appealed parts of a later Circuit Court order made on 6 November 2023 concerning maintenance and a payment connected to housing.
The judge said A. was thriving in Ireland, where she had lived apart from holidays abroad, and had close relationships with her father and paternal relatives. He found a “real danger” that relocation would rupture important family relationships and concluded that the distance would damage the child’s relationship with her father. He also considered that moving would disrupt her friendships, familiar surroundings and education.
The judgment acknowledged that C.’s wish to move was genuine and that she hoped to find support, friendship and work as a teacher in the United States. The judge said he had considered A.’s views and reviewed reports and evidence from Professor Jim Sheehan and Ms Ruth Moore O’Farrell. He described their opinions as helpful but not decisive, saying he reached his conclusions independently.
The High Court dismissed the appeal against the refusal of relocation and made no order as to costs on that appeal. It also varied the later order. Monthly maintenance is to remain at €1,126 until the lump sum is paid, then reduce to €1,000. D. must also pay half of A.’s medical, dental and educational expenses. Each parent is to pay for extracurricular activities in which that parent involves A.
The court directed D. to pay C. €300,000 within two months, for use towards acquiring a home for C. and A. It added travel arrangements allowing C. to take A. to the United States for a week at Easter, with plans made at least three months ahead and the week alternating each year. The judgment also set out specified seven-day Christmas trips for 2024 and 2025, and allowed two long-weekend trips a year to the United Kingdom or mainland Europe, subject to advance planning. A. is to continue her primary education in a location anonymised in the judgment. The court made no order on a Christmas access provision that had become moot.