Issue arises in appeal brought by father who has been involved in over 100 court appearances costing family more than €300,000
In July, the Court of Appeal made what is known as an ‘Isaac Wunder order’ prohibiting the man from taking any legal case or appeal against his former partner without prior permission from the court’s president. Photograph: iStockThe Supreme Court is to consider whether an order preventing vexatious litigation can ever be made in family law applications for child access and maintenance.
Modifying what was an original order imposed in the Circuit Court, the Court of Appeal said that to permit the man an unrestricted right to continual litigation against the mother of his child would be “unfair and oppressive” to her and a waste of court time and resources.‘There are times I regret having kids.
The Court of Appeal had largely dismissed the man’s appeal seeking to overturn a decision by the High Court to withdraw its permission for him to pursue a judicial review application arising out of protracted family law proceedings between the former couple. He appealed the Court of Appeal’s judgment to the Supreme Court which, in a decision published on Tuesday, granted him leave to appeal.
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