A.B. -v- C.D. [2014] IEHC 450 (08 October 2014)

A.B. -v- C.D. [2014] IEHC 450 (08 October 2014)

A reasonable person could not have a reasonable apprehension that the father did not receive a fair hearing; the father had ample opportunity to raise objections and failed to do so, amounting to waiver; no breach of the in camera rule was established; the court is functus officio regarding the in camera issue; amendments to the judgment cannot be entertained by the present judge.

Citation
[2014] IEHC 450
Parties
Applicant/respondent: A. B.; Respondent/appellant: C. D.
Jurisdiction
Ireland
Judgment Date
08 October 2014
Procedural Posture
Family Law Appeal / Post Judgment Applications Following Appeal
Outcome
Applications dismissed
Legal Topics
Judicial Separation, Custody, Bias, In Camera Rule, Appeal Procedure
Family Law Judicial Separation Custody Bias In Camera Rule Appeal Procedure

Case Brief

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Parties

A. B.

Applicant/respondent

C. D.

Respondent/appellant

Procedural Posture

Family Law Appeal / Post Judgment Applications Following Appeal

Legal Issues

  1. 1 Whether the order made by Abbott J. on 28 February 2013 should be set aside for alleged bias
  2. 2 Whether there was a breach of the in camera rule by the mother
  3. 3 Whether the father was deprived of a fair hearing

Ratio Decidendi

A reasonable person could not have a reasonable apprehension that the father did not receive a fair hearing; the father had ample opportunity to raise objections and failed to do so, amounting to waiver; no breach of the in camera rule was established; the court is functus officio regarding the in camera issue; amendments to the judgment cannot be entertained by the present judge.

Court Disposition

Applications dismissed

Orders

  • No order setting aside the order of Abbott J. on 28 February 2013
  • No order amending, correcting or supplementing the judgment of Abbott J. delivered on 12 July 2013