R.L. -v- Her Honour Judge Heneghan & Anor [2015] IECA 120 (12 June 2015)

R.L. -v- Her Honour Judge Heneghan & Anor [2015] IECA 120 (12 June 2015)

The Circuit Court acted without jurisdiction by making an order altering primary custody outside the scope of the appeal and pleadings, and without proper notice to the applicant; this amounted to a breach of fair procedures. The applicant's prior lack of candour was irrelevant to the impugned order and does not justify withholding relief.

Citation
[2015] IECA 120
Parties
Applicant/appellant: R. L.; Respondent/respondent: Her Honour Judge Heneghan; Notice Party: M. M.
Jurisdiction
Ireland
Judgment Date
12 June 2015
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; order quashed
Legal Topics
Jurisdiction, Fair Procedures, Guardianship, Relocation, Discretionary Relief
Family Law Child Custody Judicial Review Jurisdiction Fair Procedures Guardianship Relocation Discretionary Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

R. L.

Applicant/appellant

Her Honour Judge Heneghan

Respondent/respondent

M. M.

Notice Party

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Did the Circuit Court have jurisdiction to alter primary custody when not sought or pleaded?
  2. 2 Did the Circuit Court breach fair procedures by making an order outside the scope of the appeal?
  3. 3 Should discretionary relief be withheld due to applicant's lack of candour?

Ratio Decidendi

The Circuit Court acted without jurisdiction by making an order altering primary custody outside the scope of the appeal and pleadings, and without proper notice to the applicant; this amounted to a breach of fair procedures. The applicant's prior lack of candour was irrelevant to the impugned order and does not justify withholding relief.

Court Disposition

Appeal allowed; order quashed

Orders

  • Order of the Circuit Court altering primary residence to the father quashed
  • Restoration of status quo ante regarding custody