D.K. v P.I.K. (Unapproved) [2022] IECA 54 (09 March 2022)

D.K. v P.I.K. (Unapproved) [2022] IECA 54 (09 March 2022)

Where a judge relies on material from meetings with children in reaching a substantive decision in family law proceedings, the parties are entitled to access the transcript of those meetings for the purposes of appeal. Refusal to provide such access undermines the right to fair procedures and an effective appeal, and is not justified absent compelling reasons.

Citation
[2022] IECA 54
Parties
Applicant/respondent: D. K.; Respondent/appellant: P. I. K.
Jurisdiction
Ireland
Judgment Date
09 March 2022
Procedural Posture
Appeal (family Law Judicial Separation) / Appeal From High Court Refusal to Release Transcript of Judge's Meetings With Children
Outcome
Appeal allowed
Legal Topics
Children's Right to Be Heard, Disclosure of Evidence, Judicial Meetings With Children, Fair Procedures, Relocation of Children, Guardianship and Custody
Family Law Constitutional Law Child Law Children's Right to Be Heard Disclosure of Evidence Judicial Meetings With Children Fair Procedures Relocation of Children +1 more

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Parties

D. K.

Applicant/respondent

P. I. K.

Respondent/appellant

Procedural Posture

Appeal (family Law Judicial Separation) / Appeal From High Court Refusal to Release Transcript of Judge's Meetings With Children

Legal Issues

  1. 1 Whether a parent is entitled to access the transcript of a judge's meetings with children in family law proceedings when the judge relied on those meetings in her decision
  2. 2 Whether refusal to release the transcript amounts to a denial of fair procedures

Ratio Decidendi

Where a judge relies on material from meetings with children in reaching a substantive decision in family law proceedings, the parties are entitled to access the transcript of those meetings for the purposes of appeal. Refusal to provide such access undermines the right to fair procedures and an effective appeal, and is not justified absent compelling reasons.

Court Disposition

Appeal allowed

Orders

  • Transcript of the judge's meetings with the children to be furnished to the solicitors for each party, to be used only for the purpose of the judicial separation proceedings including the appeal from the refusal of the relocation application.