A.B. -v- C.D. [2014] IEHC 180 (02 April 2014)

A.B. -v- C.D. [2014] IEHC 180 (02 April 2014)

It is not necessary to exclude the press or prohibit all publication or broadcast of evidence in this case. The statutory framework presumes press attendance, subject to exceptions, and the circumstances do not justify total exclusion or prohibition. However, a limited order restricting publication of evidence relating to custody or access issues is appropriate to protect the children.

Citation
[2014] IEHC 180
Parties
Applicant/respondent: A. B.; Respondent/appellant: C. D.
Jurisdiction
Ireland
Judgment Date
02 April 2014
Procedural Posture
Family Law Application / Interlocutory Application for Exclusion of Press and Reporting Restrictions
Outcome
Application for total exclusion of press and complete reporting prohibition refused; limited reporting restriction granted.
Legal Topics
Judicial Separation, Custody and Access, Press Attendance, Reporting Restrictions, Children's Anonymity
Family Law Media Law Judicial Separation Custody and Access Press Attendance Reporting Restrictions Children's Anonymity

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Parties

A. B.

Applicant/respondent

C. D.

Respondent/appellant

Procedural Posture

Family Law Application / Interlocutory Application for Exclusion of Press and Reporting Restrictions

Legal Issues

  1. 1 Whether bona fide press representatives should be excluded from the hearing of a motion in family law proceedings
  2. 2 Whether publication or broadcast of any evidence connected with the application should be prohibited

Ratio Decidendi

It is not necessary to exclude the press or prohibit all publication or broadcast of evidence in this case. The statutory framework presumes press attendance, subject to exceptions, and the circumstances do not justify total exclusion or prohibition. However, a limited order restricting publication of evidence relating to custody or access issues is appropriate to protect the children.

Court Disposition

Application for total exclusion of press and complete reporting prohibition refused; limited reporting restriction granted.

Orders

  • Times Newspapers may designate a reporter to attend and report on the proceedings.
  • Nothing shall be published concerning any custody or access issue or incident in the underlying proceedings in respect of any of the children of the parties.