S. O'N v C.D. [2018] IEHC 478 (12 November 2018)

S. O'N v C.D. [2018] IEHC 478 (12 November 2018)

The applicant was afforded a full and fair hearing, actively participated, and consented to the orders made. The Circuit Court judge acted within statutory and constitutional requirements, and proper provision was made for the spouses and child. No breach of fair procedures or grounds for judicial review were established.

Citation
[2018] IEHC 478
Parties
Applicant: S. O'N.; Respondent: C. D.
Jurisdiction
Ireland
Judgment Date
12 November 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review refused
Legal Topics
Divorce, Custody, Maintenance, Property Division, Fair Procedures
Family Law Judicial Review Divorce Custody Maintenance Property Division Fair Procedures

Case Brief

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Parties

S. O'N.

Applicant

C. D.

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Circuit Court judge breached the applicant's right to fair procedures
  2. 2 Whether the divorce order was validly made by consent
  3. 3 Whether proper provision was made for the spouses and child under the Family Law (Divorce) Act 1996

Ratio Decidendi

The applicant was afforded a full and fair hearing, actively participated, and consented to the orders made. The Circuit Court judge acted within statutory and constitutional requirements, and proper provision was made for the spouses and child. No breach of fair procedures or grounds for judicial review were established.

Court Disposition

Application for judicial review refused

Orders

  • No order quashing the Circuit Court divorce decree
  • No stay granted on the Circuit Court order