Seaward & MacDuff

In proceedings before Ryan J, Mr Seaward, the father, sought to withdraw and dismiss several applications filed between April and October 2011, including contravention applications alleging breaches of court orders by Ms MacDuff, the mother. The court also considered an application by the father to amend a contravention application filed on 12 October 2011 to include particulars of two alleged breaches of Order 7 dated 31 August 2011, relating to the facilitation of telephone communication between the children and the father on 11 September 2011 and 18 September 2011.

The primary legal issues before the court concerned the dismissal of various applications made by the father, the amendment of a contravention application, and the scheduling of future proceedings. The court was required to determine whether to grant the father's requests for withdrawal and dismissal of his applications, whether to permit the amendment of the contravention application, and how to manage the ongoing litigation, including the setting of dates for interim and final hearings, and directions for the filing of affidavits and the potential appointment of an expert.

Ryan J ordered the withdrawal and dismissal of the father's applications filed on 10 April, 22 July, and 24 August 2011, and his contravention application filed on 29 August 2011. The court also dismissed the contravention application filed on 12 October 2011, to the extent that it alleged the mother failed to comply with Order 7 on specific dates in September and October 2011. However, leave was granted to the father to orally amend this application to include alleged breaches on 11 September 2011 and 18 September 2011. The mother's costs in relation to these contravention applications were reserved. The court then set a date for the final proceedings on 21 May 2012, with directions for affidavit filing and a potential application for funding for a child and adult psychiatrist. An interim hearing was scheduled for 2 February 2012.