*The warring couple have been before the Family Law Court on numerous occasions.
A JUDGE has stated that a couple are “arguing over silly things” after being told that a wife has allegedly breached sworn undertakings given to court in relation to the use of an immersion switch in the €400,000 family home.
In the case at the Family Law Court in Ennis, Judge Alec Gabbett made his comment to the warring couple who have been before the court a number of times concerning the use of the house immersion.
The separated couple who continue to live in the family home with their children each have temporary Protection Orders against each other and have provided sworn undertakings in court that cover the use of the house immersion switch which is to be left on during the day.
In court, solicitor for the husband, Lorraine O’Callaghan Daly told Judge Gabbett that there have been numerous breaches of the sworn undertaking concerning the immersion by the wife. She said, “The situation is quite fraught in the family home”.
Ms O’Callaghan Daly said that “the situation has changed from turning off the immersion switch and it has now led to when my client goes to have a shower the lights are turned off”.
Ms O’Callaghan Daly said that her client is entitled to live freely in his own home.
Judge Gabbett asked, “What you are trying to illustrate is that there is a campaign to get him out of the house”. In reply Ms O’Callaghan Daly said, “Yes judge”.
Solicitor, Anne Walsh for the wife, told Judge Gabbett that not on any occasion has her client interfered with the immersion switch.
Ms Walsh said, “There is no reason for her to do so. They have a back-boiler which heats water. They have a central heating system which heats the water and she has no reason to go anywhere near the immersion switch. There is no timer on it. She doesn’t use it at all herself so she has never gone near it”.
Ms O’Callaghan Daly reminded Judge Gabbett that in June 2023 both parties gave undertaking to the court and part of that undertaking was that the wife would not interfere with the immersion switch.
Ms O’Callaghan Daly told Judge Gabbett that “the reason we are here is that you made it clear that if either party breaches an undertaking it would be contempt of court and you would deal with it very seriously and the breaches have been happening from last November to last August”.
Judge Gabbett said that this was a fair point but that he made his comments in the context of a hot and heavy climate at home and now the two are handling themselves quite well.
Judge Gabbett was told that the couple have Circuit Court proceedings in train aimed at finalising a divorce “and these need to be moved on”.
Ms O’Callaghan Daly said that her client believes the value of the family home is €400,000 while the wife believes it is worth around €300,000.
Judge Gabbett said that the more you get for the house the better “because you are going to have to buy two houses out of it” as part of the divorce.
In January of this year at Ennis District Court, Judge Adrian Harris ordered the husband not to enter his ex-wife’s bedroom as part of conditions attached to a two month suspended prison term imposed on him arising from a row over the use of a shower on their child’s Confirmation day.
Judge Harris imposed the bedroom ban on the man after finding the man guilty of a breach of a Protection Order the man’s ex-wife had obtained against him.
Ms O’Callaghan Daly told Judge Gabbett that the case is under appeal by her client to the Circuit Court and a hearing date is awaited.
Judge Gabbett said that the issue of alleged breaches concerning the immersion “is not appropriate for his jurisdiction anymore – our business is done”.
Judge Gabbett said that the matter can be addressed as part of the couple’s circuit court proceedings.
