H v I (Unapproved)

(CHILD ABDUCTION: RETAINED JURISDICTION FOLLOWING NON- RETURN ORDER, BEST INTERESTS OF THE CHILD)

             �This is a ruling on an application brought by the applicant in these proceedings, H, whereby he seeks an extension of time to appeal a judgment of the High Court (Gearty J.) delivered on 5 th December 2023, and the order subsequently made consequent upon that judgment, on 16 th January 2024, which was perfected on 23 rd January 2024.

         �For this reason, the judge concluded, D should continue to reside in Poland with the respondent, but that the access arrangements that were in place at the time should continue.

         �The �order of the High Court was perfected on 23 rd January, and that order provided that a stay would be placed on the order for a period of 28 days from the date of perfection of the order, in order to permit of the lodging of an appeal.� Accordingly, this would suggest that the appeal was due to be filed by Wednesday 21 st February 2024 (since the date of the making of the order is not reckonable).�

         The applicant had, at all times, been represented by the Legal Aid Board.� In response to questions from the court during the appeal hearing, the applicant confirmed that he had formed his intention to appeal the decision of the High Court immediately after delivery of the judgment, and that he expressed that wish to his solicitor.� However, he was informed by his solicitor that any further representation by the Legal Aid Board for the purposes of an appeal would have to be approved by the Board.�