X v Y (Approved)

1.������ This is an appeal against the granting of an interim barring order by the Circuit Court on 25 November 2019. The appeal has been unsuccessful for the reasons set out hereafter.

2.������ Although the marriage between Ms X and Mr Y continues, legally, to subsist, it has otherwise for all intents and purposes ended. During the life of the marriage, there were two children born of same, both of school-going age. Ms X also has another child born of a previous relationship. Ms X maintains that Mr Y has for a long time behaved towards her in a bullying and aggressive manner. She suggested relationship counselling on a number of occasions but Mr Y has never sought to avail of same. By the end of 2016, it was clear to both parties that the marriage had broken down.

5.������ Ms X maintains that while Mr Y was in the house (he is gone now as a result of the interim barring order), the children were being adversely affected by Mr Y�s behaviour and the ongoing tension between Ms X and Mr Y.

8.������ By March 2019, matters had deteriorated so significantly between the parties that Ms X engaged a solicitor to write a letter to Mr Y asking that he mollify his behaviour. A letter issued from the solicitor and was notably measured, stating as follows:

��������� �I am advised by [Ms X]�that you have been particularly verbally abusive to her of late and of particular concern is the escalation of this behaviour and in front of the children. Whilst I appreciate that marriage breakdown is stressful for all parties it is unacceptable that you should be verbally abusive to my client and attempt to demean her in the eyes of your children. It must be very distressing for the children and their sake at least you need to address your behaviour.