Indefinite deportation from the state might interfere with constitutional right of family life.

May 18, 2012 By Mark Tottenham BL in Hogan J, Ireland High Court No Comments Tags: Asylum and immigration, Constitutional law, Family law, Human rights, Judicial review

Sivsivadze v. Minister for Justice [2012] IEHC 137
(High Court, Hogan J, 26 April 2012)

High Court grants leave to seek judicial review of refusal to revoke deportation order, on grounds that a potentially life-long exclusion of a husband and father from the state raised issues as to the right to family life.

Judicial review – application for leave – refusal to revoke deportation order – whether s 3 of Immigration Act 1999 was unconstitutional – imposition of lifelong ban on deportee – Article 41, right to family life – Article 8, ECHR – history of applying for More

Court refuses application to relocate children from Northern Ireland to Dublin.

Apr 23, 2012 By Mark Tottenham BL in Northern Ireland High Court, Weir J No Comments Tags: Custody and access, Family law

S L v. R G [2012] NIFam 1
(High Court of Northern Ireland, Weir J, 2 February 2012)

Northern Irish High Court dismisses appeal from County Court, and affirms refusal to allow a mother to relocate her two children from Northern Ireland to Dublin.

Family law – custody and access – appeal from County Court refusal to allow mother to remove children to Republic of Ireland – children born in 2007 and 2008 – separation in 2010 – mother from Dublin – desire to return to place of origin – depression – principles in relocation More

Mother permitted to relocate five-year-old daughter from Northern Ireland to Australia.

Apr 23, 2012 By Mark Tottenham BL in Northern Ireland High Court, Weir J No Comments Tags: Custody and access, Family law

S H v. R D [2012] NIFam 2
(High Court of Northern Ireland, Weir J, 28 February 2012)

Northern Irish High Court rules in custody and access application concerning 5-year-old child that, provided suitable contact arrangements can be made with the child’s father, the child could be relocated to live with mother in Australia.

Custody and access – application by father for joint residence order – application by mother for leave to remove child to Australia – 5-year-old child – mother from Australia – father from Northern Ireland – redundancy of mother from post in Northern Ireland – job offer in More

Inhibition correctly registered on folio.

Apr 20, 2012 By Mark Tottenham BL in Deeny J No Comments Tags: Family law, Registration of title

B v. B [2012] NICh 3
(High Court of Northern Ireland, Deeny J, 20 January 2012)

Northern Irish High Court refuses appeal from acting Registrar of Titles, and holds that inhibition was correctly registered on folio arising from family law order.

Registration of title – family law – appeal from acting Registrar of Titles – registration of inhibition on folio – inhibition arising from 2009 High Court order in family law action – order that 33.3% of proceeds of future sale be awarded to wife – order containing provision: “The More

Division of assets following short marriage.

Apr 13, 2012 By Mark Tottenham BL in Bell (Master), Northern Ireland High Court No Comments Tags: Family law

Y v. McG [2012] NIMaster 2
(High Court of Northern Ireland, Master Bell, 9 January 2012)

Northern Irish High Court, in family law action, awards matrimonial home and lump sum of STG£10,000 to wife, and investment properties to husband.

Family law – claim for ancillary relief – division of assets – family home – three investment properties – pensions – marriage lasting under two years – no children of marriage – children from previous and subsequent relationships – Articles 27, 27A, More

District Court judge unlawfully imprisoned husband in arrears of maintenance.

Feb 13, 2012 By Mark Tottenham BL in Hogan J No Comments Tags: Contempt of court, Family law, Habeas corpus (Article 40)

D H v. Governor of Wheatfield Prison [2011] IEHC 492
(High Court, Hogan J, 23 December 2011)

High Court holds that District Court order to imprison maintenance debtor was unlawful. (Full text.)

Lawfulness of detention – habeus corpus – Article 40 – detention of defaulting maintenance debtor – jurisdiction of District Court to imprison debtor – ongoing family law proceedings pending in Circuit Court – summons in District Court in More

Mother not permitted to relocate children to another country.

Feb 10, 2012 By Mark Tottenham BL in MacMenamin J No Comments Tags: Family law

U V v. V U [2011] IEHC 519
(High Court, MacMenamin J, 15 April 2011)

High Court refuses application by mother for leave to relocate children to another country. (Full text.)

Family law – appeal from Circuit Court – relocation of one parent to different country – mother native of Spain – judicial separation – joint custody – regular access of father – whether children to be brought to live in Spain – criteria – bad More

Customary marriage conducted in Zimbabwe held valid at Irish law.

Jan 20, 2012 By Mark Tottenham BL in Clark J (Maureen) No Comments Tags: Asylum and immigration, Family law, Private international law

D M v. C F [2011] IEHC 415
(High Court, Clark J, 27 May 2011)

High Court holds, on appeal, that a customary marriage conducted in Zimbabwe was valid and subsisting at Irish law, notwithstanding that the original Circuit Court application was misconceived. (Full text.)

Family law – appeal by Attorney General from Circuit Court (Judge Nolan) – s. 29(1)(a) of the Family Law Act 1995 – whether marriage conducted in Zimbabwe was valid and subsisting – customary marriage – claim for refugee More

I v. I – HC – Family law, schooling

Nov 24, 2011 By Mark Tottenham BL in Abbott J No Comments Tags: Education, Family law

I v. I [2011] IEHC 411
(High Court, Abbott J, 8 July 2011)

High Court, on appeal from Circuit Court, affirms interlocutory order regarding the schooling arrangements of the child of separated parents. (Full text.)

Family law – appeal from Circuit Court – report ordered under s 47, Family Law Act 1995 – schooling arrangements – role of expert in resolving conflict of fact – serious More

M v. M – Master of High Court – Discovery, family law

Nov 18, 2011 By Mark Tottenham BL in Honohan (Master) No Comments Tags: Discovery, Family law, Practice and procedure

M v. M (Master of the High Court, 19 October 2011)

Master of the High Court grants limited discovery of statements of bank account in family law proceedings and refuses discovery of other documentation sought. (Link to decision.)

Discovery – family law – claim for documents in relation to Swiss trust fund held by respondent – whether party had concealed a materially significant portion of income or wealth – whether affidavit of means contested – More

Stare Decisis Hibernia

All recently-published judgments of the Irish Superior Courts

Family law