J E N -v- M E N [2005] IEHC 385 (09 November 2005)

J E N -v- M E N [2005] IEHC 385 (09 November 2005)

The matter is not res judicata, nor does the application constitute abuse of process; the welfare of the child is paramount and justifies obtaining a s.47 report.

Citation
[2005] IEHC 385
Parties
Appellant: J. E. N; Respondent: M. E. N
Jurisdiction
Ireland
Judgment Date
09 November 2005
Procedural Posture
Appeal / High Court Judgment
Outcome
Application granted
Legal Topics
Judicial Separation, Child Custody, Removal of Child From Jurisdiction, Res Judicata, Abuse of Process
Family Law Judicial Separation Child Custody Removal of Child From Jurisdiction Res Judicata Abuse of Process

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Parties

J. E. N

Appellant

M. E. N

Respondent

Procedural Posture

Appeal / High Court Judgment

Legal Issues

  1. 1 Whether the matter is res judicata and cannot be reopened
  2. 2 Whether the application constitutes an abuse of process
  3. 3 Whether a report under s.47 of the Family Law Act 1995 should be directed

Ratio Decidendi

The matter is not res judicata, nor does the application constitute abuse of process; the welfare of the child is paramount and justifies obtaining a s.47 report.

Court Disposition

Application granted

Orders

  • A report under s.47 of the Family Law Act 1995 is to be obtained regarding the welfare of the child.