S. (F.) v. N. (M.) & Anor [2003] IEHC 150 (15 April 2003)

S. (F.) v. N. (M.) & Anor [2003] IEHC 150 (15 April 2003)

No arguable case at law was made out regarding the Circuit Court orders; applicant declined to pursue proper procedures for access or custody; insufficient evidence to grant requested relief.

Citation
[2003] IEHC 150
Parties
Plaintiff/appellant: F S; Defendant: M N; Third Party: The Attorney General
Jurisdiction
Ireland
Judgment Date
15 April 2003
Procedural Posture
Circuit Appeal / Interim Application
Outcome
application refused
Legal Topics
Guardianship of Infants, Custody, Access, Passport, Removal From Jurisdiction
Family Law Guardianship of Infants Custody Access Passport Removal From Jurisdiction

Case Brief

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Parties

F S

Plaintiff/appellant

M N

Defendant

The Attorney General

Third Party

Procedural Posture

Circuit Appeal / Interim Application

Legal Issues

  1. 1 whether interim stay on Circuit Court orders should be granted
  2. 2 whether Attorney General should be joined as a party
  3. 3 whether orders for production of child, surrender of passport, and prohibition on removal from jurisdiction should be granted

Ratio Decidendi

No arguable case at law was made out regarding the Circuit Court orders; applicant declined to pursue proper procedures for access or custody; insufficient evidence to grant requested relief.

Court Disposition

application refused

Orders

  • refusal of interim stay on Circuit Court orders
  • refusal to join Attorney General as party