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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2253
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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I have just applied to the court relocation order so

Customer Question

I have just applied to the court for a relocation order so I can take my children back to england to live. On Friday the judge refused to make a decision as he said he needs to read up on case law. Do you know what he means by this and do you think I have a chance of winning?
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 2 years ago.
There is case law available on the courts website under judgements. The judge mean he wants to establish what principles the superior courts are applying to such application. There are a number of factors the are considered
1. Economic necessity
2, family connection
3. Parental involvement
4. Existing court order re access etc
5. Support networks for child
6. Educational, religious, cultural need of child.
The over riding principle will be the best interest of the child. It is impossible for me to comment on your specific case as I have no detail
Customer: replied 2 years ago.

Please can you send me a link to the relevant case law? Is it all based on irish cases or do they use ones from other countries like the UK? My Situation is that my husband walked out and left me nearly 3 months ago. He moved in with a woman he'd only known for 3 days. Since he's been gone he has had little contact with the children and is being very verbally aggressive towards me. He has paid no maintenance. I have no support over here and no family or friends. If I was to return home I have sorted out a job, house, school and therapy to address my mental health issues. I also have support from his family and mine plus my 18 year old daughter who will be moving in with me so the children can be cared for at home while I'm working. I have evidence for the court of all of this. Was I to remain here I would have no money or support. He has no support here other than her but he is working. I have offered contact but he hasn't accepted it. I would be happy to give contact as long as it was done properly. He is also wanted by the UK authorities and they are in the process of issuing a European arrest warrant.

Expert:  Ronan replied 2 years ago.
AThere are an increasing number of cases in Ireland on this subject. At a minimum, very compelling reasons for relocation are required. Flood J sets out factors to which the court should have regard in a ‘leave to remove’ application. See EM v AM (High Court, 16 June 1992 (unreported). These include the following criteria:
Which of the two hypothetical outcomes will provide the greater stability of lifestyle for the child.
The contribution to such stability that will be provided by the environment in which the child will reside, with particular regard to the influence of his extended family.
The professional advice tendered.
The capacity for, and frequency of, access by the non-custodial parent.
The past record of each parent, in their relationship with the child insofar as it impinged on the welfare of the child.
The respect, in terms of the future of the parties, to orders and directions of this Court’.
See also GF v DC (Circuit Court, McMahon J, 10 May 2007 (unreported)), KB v LO’R (High Court, Murphy J, 15 May 2009 (unreported)), PC v PW [2008] IEHC 469 and UV v VU [2011] IEHC 519 in which McMenamin J considers the criteria set out in EM v AM in addition to factors such as financial implications, the children’s views, schooling, healthcare and an overall appraisal.
Expert:  Ronan replied 2 years ago.