AQ -v- KJ (otherwise KA) & ors [2016] IEHC 721 (17 November 2016)

AQ -v- KJ (otherwise KA) & ors [2016] IEHC 721 (17 November 2016)

The District Court order was invalid as the court lacked territorial jurisdiction and made the order ex parte without notice to the father, breaching constitutional fair procedures. The order was not moot due to its potential ongoing effects. Damages were not awarded due to judicial immunity. The constitutional challenge to s. 11 of the Guardianship of Infants Act, 1964 was moot following legislative amendment requiring notice.

Citation
[2016] IEHC 721
Parties
Applicant: A. Q.; First Respondent: K. J. (otherwise K. A.); Second Respondent: Ireland; Third Respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
17 November 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Order of certiorari granted; declaration granted; damages refused; constitutional challenge to statute refused as moot.
Legal Topics
Guardianship of Infants, Judicial Review, Jurisdiction, Fair Procedures, Ex Parte Orders, Passport Issuance, Mootness
Family Law Constitutional Law Administrative Law Guardianship of Infants Judicial Review Jurisdiction Fair Procedures Ex Parte Orders +2 more

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Parties

A. Q.

Applicant

K. J. (otherwise K. A.)

First Respondent

Ireland

Second Respondent

The Attorney General

Third Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the District Court had jurisdiction to make the order dispensing with the father's consent to passport issuance for his children
  2. 2 Whether the order was invalid for being made ex parte without notice to the father
  3. 3 Whether the constitutionality of s. 11 of the Guardianship of Infants Act, 1964 was moot after legislative amendment

Ratio Decidendi

The District Court order was invalid as the court lacked territorial jurisdiction and made the order ex parte without notice to the father, breaching constitutional fair procedures. The order was not moot due to its potential ongoing effects. Damages were not awarded due to judicial immunity. The constitutional challenge to s. 11 of the Guardianship of Infants Act, 1964 was moot following legislative amendment requiring notice.

Court Disposition

Order of certiorari granted; declaration granted; damages refused; constitutional challenge to statute refused as moot.

Orders

  • Certiorari quashing the District Court order dated 25th September 2015
  • Declaration that the District Court order was granted in breach of the father's constitutional right to fair procedures