R v C (Appeal of Consent Order) (Approved) [2025] IEHC 76 (07 February 2025)

R v C (Appeal of Consent Order) (Approved) [2025] IEHC 76 (07 February 2025)

Statutory appeal from a consent order in family law proceedings is not permitted where no hearing occurred at first instance and no exceptional grounds such as fraud or duress are established. The Applicant/Appellant, having agreed to the consent terms with legal advice, cannot re-litigate the matter on appeal solely on grounds of alleged non-disclosure. The appeal is dismissed.

Citation
[2025] IEHC 76
Parties
Applicant/appellant: T. R.; Respondent: O. B. C
Jurisdiction
Ireland
Judgment Date
07 February 2025
Procedural Posture
Circuit Appeal (family Law) / Appeal From Circuit Family Court Consent Order
Outcome
Appeal dismissed
Legal Topics
Appeal of Consent Orders, Cohabitation Rights, Maintenance of Children, Division of Property, Disclosure in Family Proceedings
Family Law Property Law Civil Procedure Appeal of Consent Orders Cohabitation Rights Maintenance of Children Division of Property Disclosure in Family Proceedings

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Parties

T. R.

Applicant/appellant

O. B. C

Respondent

Procedural Posture

Circuit Appeal (family Law) / Appeal From Circuit Family Court Consent Order

Legal Issues

  1. 1 Whether a consent order in family law proceedings can be appealed and re-opened on grounds of alleged non-disclosure
  2. 2 Whether the Applicant/Appellant is entitled to relief under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010
  3. 3 Whether maintenance and division of property orders should be altered on appeal

Ratio Decidendi

Statutory appeal from a consent order in family law proceedings is not permitted where no hearing occurred at first instance and no exceptional grounds such as fraud or duress are established. The Applicant/Appellant, having agreed to the consent terms with legal advice, cannot re-litigate the matter on appeal solely on grounds of alleged non-disclosure. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal from Circuit Family Court Consent Order dismissed
  • Consent Terms remain in force