Family Law

Caroline Fanning Solicitors acts in the following family law areas in the District and Circuit Courts:

  1. Access and Guardianship to children
  2. Maintenance
  3. Separation/Divorce
  4. Enhanced rights application for Foster Carers/Relative Carers who can apply to the Courts for more autonomy in decisions relating to children in care resulting from sections 43A and 43B as inserted in the Child Care Act 1991.

Supreme Court of Ireland case of G. v G. [2011] IESC 40

Judgment delivered on the 19th day of October, 2011 by Denham C.J.
re “proper provision”

para 34
34. If one party obtains a windfall after a separation agreement or judicial settlement the other party is not entitled as of right to part of it. Such an application would only be considered if it addressed a need of a party. Thus where there is a great improvement in one party’s finances after a full and final settlement the concept of “proper provision” should not be dominated by that change. But if there is a new or different need that may be met now that the resources exist, it may be considered. The general standard of living of a spouse should be commensurate with that enjoyed when the marriage ended, to the extent possible. The standard of living of a spouse, when the other party has subsequently achieved further wealth, is not entitled to be elevated on that basis.


Important rule (O.70 r74 RSC) to help dependent wife fund High Court family law proceedings by asking the court to order her husband to pay her legal costs to date of application.

Costs – S.I. No. 584/2019 – Rules of the Superior Courts (Costs) 2019
Order 70 rule 74. All bills of costs for business in MATRIMONIAL CAUSES AND MATTERS shall be adjudicated by the Legal Costs Adjudicator.
Order 70 Rule 75. After directions have been given as to the mode of hearing of trial of a cause, or in an earlier stage of a cause, where special circumstances are shown, the Court may, on the application by motion of a wife who is a petitioner or who has entered an appearance (unless the husband shall prove that the wife has sufficient separate estate or show other good reason) make an order directing him to pay her costs of the cause up to the date of such application, and her further costs de die in diem up to the trial or hearing, and directing the Legal Costs Adjudicator to adjudicate such costs and at the time of such adjudication (if directions as to the mode of hearing or trial have been given before such adjudication) to ascertain and certify what is a sufficient sum of money to be paid into Court or what is a sufficient security to be given by the husband to cover the costs of the wife of and incidental to the hearing or trial of the cause.