Case Studies

Thomas’ family law case concludes with a favourable outcome

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Thomas’ family law case concludes with a favourable outcome

Family and matrimonial law case study

Thomas had a child with his ex-partner. He saw very little of his son, however, he did stand by his financial responsibility to him. The child thrived as he grew and went on to study at university. Unfortunately, tragedy struck one evening and Thomas’ son choked whilst he was eating. The lack of oxygen left him severely brain-damaged and in need of expert care for the rest of his life.

Following initial treatment, the Health and Social Care Trust wanted to discharge the young man from the local hospital as an inpatient. The Trust issued and served a Writ on Thomas and the mother, seeking a High Court declaration that they could discharge their child to an independent care provider. The mother objected and sought the return of him to her personal care at home. Thomas just wanted what was best for his son.

Family and matrimonial law experts in Northern Ireland

Thomas contacted McCartan Turkington Breen for legal advice. Following a free initial consultation, he instructed Enda Lavery to represent his interests in the Family Division of the High Court. Enda consulted at length with Thomas on how he wished to proceed. He maintained that if the mother could provide the best care, then he was content to allow his son to return to her care. Equally, if the independent care provider could do a better job, he was content to follow that avenue.

Enda obtained several medical reports that detailed what standard of care was required for Thomas’ son to have the most comfortable quality of life available to him. Various care providers submitted care plans to be considered by the parents and the High Court.

During the High Court hearing having weighed the evidence, the Judge directed that the independent care provider was in the best position to provide Thomas’ son with the care he required and that he was to be released to their care. This was objected to by the mother who wished to lodge an appeal. However, an appeal was never lodged.

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