M.M. -v- G.M. [2015] IECA 29 (23 February 2015)

M.M. -v- G.M. [2015] IECA 29 (23 February 2015)

The High Court was entitled to suspend overnight access for a short period due to the distress of the children and breakdown of access arrangements, but the prohibition on further applications regarding the welfare of the children until 26 March 2015 was unconstitutional and must be set aside.

Citation
[2015] IECA 29
Parties
Applicant/respondent: M. M.; Respondent/appellant: G. M.
Jurisdiction
Ireland
Judgment Date
23 February 2015
Procedural Posture
Appeal / Judgment on Appeal From High Court Order Dated 12 December 2014
Outcome
Appeal allowed in part; suspension of overnight access upheld, prohibition on further applications set aside.
Legal Topics
Judicial Separation, Custody, Access, Guardianship, Constitutional Rights, Child Welfare
Family Law Judicial Separation Custody Access Guardianship Constitutional Rights Child Welfare

Case Brief

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Parties

M. M.

Applicant/respondent

G. M.

Respondent/appellant

Procedural Posture

Appeal / Judgment on Appeal From High Court Order Dated 12 December 2014

Legal Issues

  1. 1 Whether suspension of overnight access to father was lawful and appropriate
  2. 2 Whether prohibition on further applications regarding children until 26 March 2015 was lawful

Ratio Decidendi

The High Court was entitled to suspend overnight access for a short period due to the distress of the children and breakdown of access arrangements, but the prohibition on further applications regarding the welfare of the children until 26 March 2015 was unconstitutional and must be set aside.

Court Disposition

Appeal allowed in part; suspension of overnight access upheld, prohibition on further applications set aside.

Orders

  • Suspension of overnight access to father upheld until review on 26 March 2015.
  • Prohibition on further applications regarding children until 26 March 2015 set aside.