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Father did not prove that balance of justice lies in remitting family proceedings to the Circuit Court

By: Shane Kiely BL

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High Court, upon application by a father in family law proceedings, rules that in this instance, the father did not prove that the balance of justice lies in remitting this matter to the Circuit Court.

Application to remit the within proceedings, due for hearing by this Court later this month, to a lower court - family moved to Ireland in June 2019 from a non-EU/EEA country - barring order, now under appeal, obtained by the wife against the father - chronology of events - notice of motion issued 8th March seeking that the proceedings be remitted to the Circuit Court - single affidavit before the Court sworn by solicitor for father - potential relocation to originating country - written submissions from the solicitor for the father about the jurisdiction of the High Court being for judicial separation or divorce proceedings - submissions further state that mother is doing this so as to deprive father right of appeal - three children in proceedings - three children - oldest child wants to return to country of origin - court understands mothers motives - jurisdiction in family law proceedings is regulated by section 31 of the Judicial Separation and Family Law Reform Act 1989 [and by later like provision] - Order 70(A), Rule 15 RSC, court can transfer if it is the interests of justice to do so - it is not now contended that the High Court wants in jurisdiction to proceed to hear and adjudge upon the within proceedings - case law showing the High Court can hear the matter - factors affecting the Courts decision as to where the interests of justice lie - father has not shown Court that the interests of justice lie with a remittal to the Circuit Court.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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