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The High Court dismissed the applicant's claim for redress as a cohabitant, finding that she was not ordinarily resident in Ireland throughout the one-year period before the end of her relationship with the respondent. The court held that while the applicant spent time in both England and Ireland and contributed in various practical ways to the respondent's Irish household, the evidence demonstrated her primary residence and personal affairs remained centred in England. The court found the applicant's stays in Ireland were consistent with visiting rather than establishing a settled or usual abode, and her objective ties—such as bank accounts, utility bills, health care, and business—were all held in England. As the legal precondition of ordinary residence was not met, the proceedings under the cohabitants’ statutory regime in Ireland could not proceed.
family law – cohabitants – ordinary residence – Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 – jurisdiction – maintenance – guardianship – family home – habitual residence – objective evidence – burden of proof – relationship breakdown – Irish High Court
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