Q v P (Approved) [2020] IEHC 524 (21 October 2020)

Q v P (Approved) [2020] IEHC 524 (21 October 2020)

The High Court refused to grant a stay on the Circuit Court order permitting relocation, finding that the best interests of the children would not be served by moving them again pending the imminent review, and that the Circuit Court judge had taken a reasoned and careful approach with provision for thorough review.

Citation
[2020] IEHC 524
Parties
Appellant: Q; Respondent: P
Jurisdiction
Ireland
Judgment Date
21 October 2020
Procedural Posture
Family Law Appeal / Appeal Against Refusal of Stay Pending Appeal
Outcome
relief refused
Legal Topics
Judicial Separation, Custody, Relocation, Stay Pending Appeal, Best Interests of the Child
Family Law Judicial Separation Custody Relocation Stay Pending Appeal Best Interests of the Child

Case Brief

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Parties

Q

Appellant

P

Respondent

Procedural Posture

Family Law Appeal / Appeal Against Refusal of Stay Pending Appeal

Legal Issues

  1. 1 Whether a stay should be granted on a Circuit Court order permitting relocation of children pending appeal
  2. 2 Whether the appeal was brought out of time and if extension should be granted
  3. 3 How the best interests of the children are to be determined in the context of relocation

Ratio Decidendi

The High Court refused to grant a stay on the Circuit Court order permitting relocation, finding that the best interests of the children would not be served by moving them again pending the imminent review, and that the Circuit Court judge had taken a reasoned and careful approach with provision for thorough review.

Court Disposition

relief refused

Orders

  • Refusal to grant stay on Circuit Court order permitting relocation pending appeal