F v M [2023] NICA 27 (10 May 2023)

F v M [2023] NICA 27 (10 May 2023)

The appeal was dismissed because the father failed to demonstrate any material change of circumstances or present new evidence, and his application was a collateral attack on previous judicial findings. The welfare of the child remained paramount, and the father's repeated litigation was found to be contrary to that...

Source-derived case information.

Citation
[2023] NICA 27
Parties
Appellant: F; Respondent: M
Jurisdiction
Northern Ireland
Judgment Date
10 May 2023
Procedural Posture
Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Residence Orders, Contact Orders, Leave to Apply, Article 179(14) Children (ni) Order 1995, Child Welfare, Abuse Allegations, Litigation Abuse
Family Law Residence Orders Contact Orders Leave to Apply Article 179(14) Children (ni) Order 1995 Child Welfare Abuse Allegations Litigation Abuse

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Summary, issues, holding and outcome

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Parties

F

Appellant

M

Respondent

Procedural Posture

Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the High Court erred in dismissing the father's application for leave to issue a residence order application
  2. 2 Whether there was a material change of circumstances justifying a new application
  3. 3 Whether the appeal constitutes an impermissible collateral attack on previous orders

Ratio Decidendi

The appeal was dismissed because the father failed to demonstrate any material change of circumstances or present new evidence, and his application was a collateral attack on previous judicial findings. The welfare of the child remained paramount, and the father's repeated litigation was found to be contrary to that principle.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; costs to be considered following parties' representations