D.E. -v- C.D. [2015] IEHC 496 (10 July 2015)

D.E. -v- C.D. [2015] IEHC 496 (10 July 2015)

The High Court has jurisdiction to hear an appeal from the Circuit Court's preliminary determination and order under s.38(1) of the Courts of Justice Act 1936. The respondent/appellant's appeal is bona fide, but the balance of convenience and the best interests of the child require that the Circuit Court order directing a s.47 assessment proceed without a stay, as delaying the assessment would undermine efforts to revive the father-daughter relationship and is not justified by the appeal.

Citation
[2015] IEHC 496
Parties
Applicant/respondent: D. E.; Respondent/appellant: C. D.
Jurisdiction
Ireland
Judgment Date
10 July 2015
Procedural Posture
Family Law Appeal / Application for Stay Pending Appeal
Outcome
application for stay refused
Legal Topics
Guardianship, Access, Custody, Jurisdiction, Stay of Orders, Appeals, Sexual Abuse Allegations
Family Law Child Welfare Civil Procedure Guardianship Access Custody Jurisdiction Stay of Orders +2 more

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Parties

D. E.

Applicant/respondent

C. D.

Respondent/appellant

Procedural Posture

Family Law Appeal / Application for Stay Pending Appeal

Legal Issues

  1. 1 Does the High Court have jurisdiction to grant a stay on a Circuit Court order pending appeal?
  2. 2 Should a stay be granted on the Circuit Court order directing a s.47 assessment premised on the finding that sexual abuse allegations are untrue?

Ratio Decidendi

The High Court has jurisdiction to hear an appeal from the Circuit Court's preliminary determination and order under s.38(1) of the Courts of Justice Act 1936. The respondent/appellant's appeal is bona fide, but the balance of convenience and the best interests of the child require that the Circuit Court order directing a s.47 assessment proceed without a stay, as delaying the assessment would undermine efforts to revive the father-daughter relationship and is not justified by the appeal.

Court Disposition

application for stay refused

Orders

  • Circuit Court order directing s.47 assessment to proceed without stay