P. v. Ballagh [1999] IEHC 248 (31st July, 1999)

P. v. Ballagh [1999] IEHC 248 (31st July, 1999)

The applicant, as the legal father and only father figure known to the child, was entitled to notice of any application for maintenance or lump sum payment. District Court orders made without such notice must be quashed.

Source-derived case information.

Citation
[1999] IEHC 248
Parties
Applicant: P; Respondent: Judge Thomas Ballagh; Notice Party: SP; Notice Party: PF
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Final Judgment
Outcome
orders quashed
Legal Topics
Maintenance Orders, Declaration of Parentage, Procedural Fairness, Notice Requirements
Family Law Child Maintenance Judicial Review Maintenance Orders Declaration of Parentage Procedural Fairness Notice Requirements

Source-derived case record

Summary, issues, holding and outcome

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Parties

P

Applicant

Judge Thomas Ballagh

Respondent

SP

Notice Party

PF

Notice Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the applicant was entitled to notice of maintenance and lump sum applications regarding the child SP
  2. 2 Whether the District Court orders should be quashed for lack of notice to the applicant

Ratio Decidendi

The applicant, as the legal father and only father figure known to the child, was entitled to notice of any application for maintenance or lump sum payment. District Court orders made without such notice must be quashed.

Court Disposition

orders quashed

Orders

  • Order quashing the two District Court orders dated 4 June 1996 and the third order dated 25 January 1999
  • No further declaratory orders granted