Family - Judicial separation - The Family Law Act 1995 - Family home - Primary care - Access arrangements - Interest of the dependent children

Facts: The respondent/wife sought direction to the effect that the applicant/husband vacate the family home in order to enable the children to reside in the primary care of the respondent in the family home. The respondent sought an order directing the applicant to comply with the order of the Court relating to the primary care and access arrangements for the dependent children. The applicant argued that the applicant could not be excluded from the family home and there was no evidence of violence that would necessitate the applicant to leave the family home.

Held: Ms. Justice Bronagh O’Hanlon directed the applicant to vacate the family home on the scheduled date and the respondent to remain there pending the full hearing and determination of the Court. The Court directed the dependent children to remain under the primary care of the respondent pending the trial except the order of access of children set out by the Court. The Court directed that the applicant would be allowed to have access to the children on the days and time fixed by the Court.

K (N) v K (S)

29/7/2016 No. 2014/54 M [2016] IEHC 571

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