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LA4081: Brian and Rachel have been living together for five years but their relationship broke down in November 2021 and they separated: Family Law Assignment, UOL, Ireland

Question 1

Brian and Rachel have been living together for five years but their relationship broke down in November 2021 and they separated. They have one child, Tom, who is four years of age. Tom is due to start primary school in September 2022. Rachel took Tom to her home country of Italy over the Christmas 2021 holiday period. Brian agreed to this trip on the understanding that Rachel and Tom would return to Ireland on 7 January 2022. Rachel texted Brian on 6 January to say she and Tom were going to stay in Italy for a few more weeks. Brian has continued to try to contact Rachel to ask when she and Tom are returning but she has ignored his phone calls and messages. Brian has had no contact with Tom since he last spoke to him on New Year’s Eve. It is now March 2022. Brian is very concerned and is seeking the return of his child to Ireland.

Question 2

Anne and Mark had been in a casual relationship for over a year. Anne became pregnant. She did not tell Mark about the pregnancy. She broke off their relationship. After the child, Frank was born Anne suffered from severe depression and placed the baby for adoption. She did not inform them Adoption Authority of the identity of the child’s father. For the past several months, the Adoption Authority has been seeking to contact Anne to ask her to sign the final adoption consent order. Frank is now 13 months old and is settled in his foster placement. Frank has significant disabilities and needs additional support. His foster carers have been approved as prospective adoptive parents and wish to adopt Frank. Anne has received treatment for her depression. She has not seen Frank since he entered foster care. She is very confused about her decision to place Frank for adoption and is ignoring the Authority’s request to sign the necessary documents to finalise the adoption. By chance, a mutual friend bumped into Mark and informed him that Anne had a baby. Mark is upset to learn that he was not told of the pregnancy and adoption plans.

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