News

Boy settles action over birth for €2.15m

Schoolgirl awarded €35,000 damages after finger trapped in seat

Guidance from the High Court on cohabitants, qualified cohabitants, proper provision under section 194 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010

Court upholds chef’s award of €91,000

Woman awarded €140,000 after swab left inside her

Child Abduction - wrongful removal of child from US to Ireland  The father of a 7 year old child who was born in the US, who was divorced in the US courts. The US court had ruled that the mother should have custody of their child. The dad had a history of drug abuse and his access had to be supervised. The 7 year old child was habitually resident in the US at the time of the alleged wrongful removal by the mother to Ireland in October 2011. The mother claimed that the father encouraged her to move to Ireland to avoid having to pay maintenance.   The Court case took place in the High Court in Dublin and it was decided that the father had not given unequivocal consent to the mother to allow her to relocate the child to Ireland, but  the 7 years old child was found to be sufficiently mature to form a view that he does not wish to return to the US. Judge O'Hanlon decided that it was in the best interests of the child that the HIgh Court refuses the order sought. The result is that the mother and child can remain in Ireland. It is not clear whether this decision was appealed.  F (F) v C B  High Court, O’Hanlon J, 14/7/2015, [2015] IEHC 541, 2015/4HLC    For further details or queries in relation to international or national child abduction, recognition of foreign divorce or other orders in the Irish Courts contact Keith Walsh, keith@kwsols.ie or 01 4554723   

Family Law – Care order application  This case involved an application for care order by the Child and Family Agency for three young children. Their East African mother died in December 2009. Child B and Child C were born in Ireland, Child A arrived in Ireland in 2006. Their father is from West Africa and lives in Germany with his partner and another child. He came to Ireland in January 2010 to try to take up parental resonsibilities. He was extradited in April 2010 for drug trafficking offences and finished in prison in 2012. The late mother and the father had sporadic contact but did not live together as a couple. The Judge hearing this case - Judge Rosemary Horgan, President of the District Court decided that: It was in the best interests of the children who have expressed preference to continue to reside in Ireland with their foster carer. The Judge made a care order against each child until they reach 18 years of age. The Judge also orderd that the access between children and father to be carefully measured having regard to the best interests of each child.  For further details or queries in relation to international or national child abduction, recognition of foreign divorce or other orders in the Irish Courts contact Keith Walsh, keith@kwsols.ie or 01 4554723 

Family Law – Care order application  This case involved an application for care order by the Child and Family Agency for three young children. Their East African mother died in December 2009. Child B and Child C were born in Ireland, Child A arrived in Ireland in 2006. Their father is from West Africa and lives in Germany with his partner and another child. He came to Ireland in January 2010 to try to take up parental resonsibilities. He was extradited in April 2010 for drug trafficking offences and finished in prison in 2012. The late mother and the father had sporadic contact but did not live together as a couple. The Judge hearing this case - Judge Rosemary Horgan, President of the District Court decided that: It was in the best interests of the children who have expressed preference to continue to reside in Ireland with their foster carer. The Judge made a care order against each child until they reach 18 years of age. The Judge also orderd that the access between children and father to be carefully measured having regard to the best interests of each child.  For further details or queries in relation to international or national child abduction, recognition of foreign divorce or other orders in the Irish Courts contact Keith Walsh, keith@kwsols.ie or 01 4554723 

The Child and Family Relationships Act 2015 which has been passed by the Oireachtas [but is not yet commenced into law which means it does not come into force until it is commenced] introduces some New Rights for unmarried fathers

The Child and Family Relationships Act 2015 new rights for civil partners and cohabitants - amendments to the Adoption Act 2010. Couples who are civil partners and cohabiting couples are eligible to adopt jointly on commencement of Part II of the Child and Family Relationships Act. The amendments also provide for a second female parent or a guardian (as defined in this part) to be added to the categories of persons entitled to be heard in relation to an application for an adoption order.