P v N (Approved) [2023] IEHC 601 (20 July 2023)

P v N (Approved) [2023] IEHC 601 (20 July 2023)

The balance of justice and welfare considerations require refusal of the stay; granting a stay would be inimical to the interests of the child, as returning him to Ireland pending appeal would be detrimental and may result in further disruption.

Citation
[2023] IEHC 601
Parties
Applicant/respondent: P.; Respondent/appellant: N.
Jurisdiction
Ireland
Judgment Date
20 July 2023
Procedural Posture
Family Law Appeal / Application for Stay Pending Appeal
Outcome
Application for stay refused; costs reserved.
Legal Topics
Guardianship, Custody, Child Welfare, Stay of Orders, Appeal Procedure
Family Law Guardianship Custody Child Welfare Stay of Orders Appeal Procedure

Case Brief

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Parties

P.

Applicant/respondent

N.

Respondent/appellant

Procedural Posture

Family Law Appeal / Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether a stay should be granted on a Circuit Court order transferring custody of a child pending appeal
  2. 2 Balancing welfare of the child against risk of injustice to parties

Ratio Decidendi

The balance of justice and welfare considerations require refusal of the stay; granting a stay would be inimical to the interests of the child, as returning him to Ireland pending appeal would be detrimental and may result in further disruption.

Court Disposition

Application for stay refused; costs reserved.

Orders

  • Refusal of stay on Circuit Court order transferring custody
  • Appeal to be listed for fixing dates on 23 October