Family law - S. 11(2) of the Guardianship of Infants Act, 1964 - Breach of constitutional rights of fair procedures - Dispense of consent - S. 16 of the Courts Act 1981 - O. 58 of the District Court Rules - Certiorari - S. 14 (3) of the Passport Act 2008 - Right of hearing  

Facts: The applicant/ father had challenged the order of the District Court by way of the present judicial review application seeking to quash that order which dispensed with the consent of the applicant to the issuance of passport facilities in relation to the three children of the applicant and the first named respondent/mother. The applicant contended that since the first named respondent did not reside within the jurisdiction of the District Court which made that ex-parte order, the said order was made without jurisdiction. The first named respondent mother contended that the impugned order had become moot as that order had been spent and could not be used to ground any future application. The applicant, however, argued that the impugned order was not bound by any time-limit and could be used in future as envisaged under s. 14 (3) of the Passport Act, 2008. 
Held: Ms. Justice Ni Raifeartaigh granted an order of certiorari to the applicant and thus quashed the order of the District Court along with ancillary reliefs. The Court held that since at the time of making the applications, the first named respondent, along with her children, resided outside Ireland, the District Court had no jurisdiction to make the impugned order and thus the said order was invalid. The Court found that there was a violation of the principle of audi alterem partem as the impugned order had been made without giving any hearing to the applicant. 
Q (A) v J (K) (orse A (K)) and ors
17/11/2016 No. 2015/704 JR [2016] IEHC 721