The Supreme Court dismissed a husband’s appeal against High Court orders that remitted his family dispute to the Circuit Court and discharged earlier undertakings. It also stayed further proceedings by him concerning his former wife or their children, while allowing him to seek limited relief from a judge on affidavit.
The appeal concerned a High Court order made on 10 May 2011. That order sent the proceedings to the Circuit Court, discharged an order made in May 2010, and restrained people with notice of the order from watching or placing any party in fear. The High Court had directed that further steps in the dispute should be taken in the Circuit Court, with leave required before returning to the High Court.
The husband’s appeal sought custody and control of the children, the reinstatement of the earlier High Court order and the setting aside of the 2011 order. The Supreme Court judgment said he did not pursue the appeal for four years, and apparently did not start Circuit Court proceedings as directed. The appeal was listed in 2015 for an explanation of the delay and later came on for hearing on 24 November 2015.
The Court described the litigation as vexatious and said the appeal had become futile as events had moved on. It referred to a Circuit Court divorce decree understood to have been granted around 3 June 2014. The husband said he had sought an extension of time to appeal that decree, but produced no order showing that an appeal had been brought, an extension granted, or a stay imposed. The Supreme Court said it was making no decision on the validity of any such appeal.
The Court also considered the husband’s claim that later events vindicated his earlier concerns about the children’s safety. It said the reported loss of part of one child’s thumb in an accident involving a log-splitting machine showed that an accident had occurred, and nothing more. The Court found that the continuing conflict between the parties posed a greater immediate threat to the children’s well-being.
The final order dismisses the appeal and stays all proceedings by the husband concerning any family law issue involving his former wife or their children. He may apply to the President of the relevant court, or a judge nominated by that President, for limited relief. Any application must be supported by a full affidavit explaining the need for further litigation; the judgment says relief must be shown to be necessary and not previously litigated. The former wife need not attend unless she wishes.