O'F. (S.) v. O'F. (N.) [1999] IEHC 229 (6th May, 1999)

O'F. (S.) v. O'F. (N.) [1999] IEHC 229 (6th May, 1999)

The respondent satisfied the first two criteria for extension of time (intention to appeal and explanation for delay), but the overall circumstances—including the statutory preference for a single expert report, the imminent Circuit Court hearing, the respondent's participation in the original assessment, and the ability to raise concerns at the hearing—militate against granting an extension. The equity of the situation does not favour further delay or intrusion into the child's life.

Citation
[1999] IEHC 229
Parties
Applicant: SO'F; Respondent: NO'F
Jurisdiction
Ireland
Procedural Posture
Motion to Extend Time to Appeal / High Court Application for Extension of Time to Appeal Circuit Court Order
Outcome
Application for extension of time to appeal refused.
Legal Topics
Extension of Time to Appeal, Section 47 Report, Child Assessment, Custody and Access
Family Law Civil Procedure Extension of Time to Appeal Section 47 Report Child Assessment Custody and Access

Case Brief

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Parties

SO'F

Applicant

NO'F

Respondent

Procedural Posture

Motion to Extend Time to Appeal / High Court Application for Extension of Time to Appeal Circuit Court Order

Legal Issues

  1. 1 Whether the respondent should be granted an extension of time to appeal the Circuit Court's refusal to order a further assessment of the child by a different expert

Ratio Decidendi

The respondent satisfied the first two criteria for extension of time (intention to appeal and explanation for delay), but the overall circumstances—including the statutory preference for a single expert report, the imminent Circuit Court hearing, the respondent's participation in the original assessment, and the ability to raise concerns at the hearing—militate against granting an extension. The equity of the situation does not favour further delay or intrusion into the child's life.

Court Disposition

Application for extension of time to appeal refused.

Orders

  • Costs reserved to the trial judge in the Circuit Court.