B v B (Unapproved) [2023] IECA 154 (16 June 2023)

B v B (Unapproved) [2023] IECA 154 (16 June 2023)

Section 47 of the Family Law Act 1995 does not confer jurisdiction to direct a psychological report unless there is a specific question affecting the welfare of the child pending before the court; as no such question was before the court and the child was about to reach adulthood, the appeal must fail.

Citation
[2023] IECA 154
Parties
Applicant/appellant: Y. B; Respondent/respondent: Z. B
Jurisdiction
Ireland
Judgment Date
16 June 2023
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Judicial Separation, Welfare of Child, Psychological Assessment, Parental Alienation, Jurisdiction Under S.47 Family Law Act 1995
Family Law Judicial Separation Welfare of Child Psychological Assessment Parental Alienation Jurisdiction Under S.47 Family Law Act 1995

Case Brief

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Parties

Y. B

Applicant/appellant

Z. B

Respondent/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a court can direct a psychological report under s.47 Family Law Act 1995 when no specific relief is sought regarding the welfare of the child
  2. 2 Whether the trial judge erred in relying on hearsay evidence regarding the child's views
  3. 3 Whether the court should assume parental alienation in the absence of tested evidence

Ratio Decidendi

Section 47 of the Family Law Act 1995 does not confer jurisdiction to direct a psychological report unless there is a specific question affecting the welfare of the child pending before the court; as no such question was before the court and the child was about to reach adulthood, the appeal must fail.

Court Disposition

appeal dismissed