H v I (Unapproved) [2024] IECA 102 (19 April 2024)
The applicant failed to demonstrate an arguable ground of appeal, as required by established legal principles. The grounds identified were too general and lacked particulars, and the relief sought regarding Article 13(b) of the Hague Convention was not legally tenable. The High Court judgment was comprehensive and justified on the evidence, particularly regarding the child's access to appropriate treatment in Poland.
- Citation
- [2024] IECA 102
- Parties
- Applicant: H; Respondent: I
- Jurisdiction
- Ireland
- Judgment Date
- 19 April 2024
- Procedural Posture
- Custody Appeal / Application for Extension of Time to Appeal
- Outcome
- application rejected
- Legal Topics
- Custody, Best Interests of the Child, Hague Convention, Brussels II Regulation, Extension of Time to Appeal
Case Brief
Summary, issues, holding and outcome
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Parties
H
Applicant
I
Respondent
Procedural Posture
Custody Appeal / Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to appeal the High Court's custody decision
- 2 Whether the grounds of appeal are arguable
Ratio Decidendi
The applicant failed to demonstrate an arguable ground of appeal, as required by established legal principles. The grounds identified were too general and lacked particulars, and the relief sought regarding Article 13(b) of the Hague Convention was not legally tenable. The High Court judgment was comprehensive and justified on the evidence, particularly regarding the child's access to appropriate treatment in Poland.
Court Disposition
application rejected
Orders
- Application for extension of time to appeal is refused.
Full Case Text
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