MM -v- RR & Anor [2012] IEHC 171 (25 April 2012)

MM -v- RR & Anor [2012] IEHC 171 (25 April 2012)

The failure to disclose service of summons was of limited materiality, was not culpable, and in the overall circumstances, the interests of justice and the children require the proceedings to continue; the application to set aside is refused.

Citation
[2012] IEHC 171
Parties
Applicant: MM; Respondent: RR; Notice Party: Health Service Executive
Jurisdiction
Ireland
Judgment Date
25 April 2012
Procedural Posture
Child Abduction Application / Application to Set Aside Previous Order
Outcome
application refused
Legal Topics
Hague Convention, Service of Process, Ex Parte Applications, Disclosure Obligations
Family Law International Law Child Abduction Hague Convention Service of Process Ex Parte Applications Disclosure Obligations

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Parties

MM

Applicant

RR

Respondent

Health Service Executive

Notice Party

Procedural Posture

Child Abduction Application / Application to Set Aside Previous Order

Legal Issues

  1. 1 Whether failure to disclose service of summons on respondent was material to ex parte application
  2. 2 Whether order of 17 November 2011 should be set aside for non-disclosure

Ratio Decidendi

The failure to disclose service of summons was of limited materiality, was not culpable, and in the overall circumstances, the interests of justice and the children require the proceedings to continue; the application to set aside is refused.

Court Disposition

application refused

Orders

  • Application to set aside the order of 17 November 2011 is refused.