Jeffrey v Daniels, Nugent & Wall

• Jurisdiction: Ireland
• Judge: MURNAGHAN J.
• Judgment Date: 20 January 1977
• Neutral Citation: 1965 WJSC-HC 4241
• Court: High Court
• Date: 20 January 1977

1965 WJSC-HC 4241

THE HIGH COURT

Jeffrey v. Daniels, Nugent & Wall

FREDERICK A. JEFFREY

v.

MARY DANIELS, KITTY NUGENT AND JOHANNA WALL

1 DELIVERED 20. 1.1977MURNAGHAN J.

MURNAGHAN J.

2 In this case it is not my wish to keep the parties in suspense as to my judgment.

3 The essential facts, as I find them to be on the evidence, are as follows:-

4 1. The Plaintiff who described himself as a non-practising member of the Church of England was married to Margaret Mary Butler, a Catholic on 9 September 1961 in the Church of Our Lady of Mount Carmel and St. Joseph, Battersea Park Road.

5 2. There was issue of the said marriage four children, namely:-

Mary born on 6 March 1963,

Margaret born on 26 June 1965,

Anthony born on 7 September 1968

and Ann born on 20 January 1972

6 All the said children have been brought up as Catholics.

7 3. The Plaintiff now aged 35 years has been a general labourer, a carpenter, a lorry driver and for the past 4/5 years a foreman scenery coverer employed by Berts Richmond Ltd. He is described in the Special Summons as a gentleman.

8 4. The Plaintiff after his marriage lived with his wife, on and off, with his mother for 2 years and subsequently at six different addresses. His present address is 161 Cedar Road, Clapham London a maisonette comprising 2 bedrooms a living room, kitchen, separate bathroom and toilet. This accommodation would not be suitable for the Plaintiff and his said four children. The Plaintiff produced a letter dated 20 October 1976 from the Housing Department of the Greater London Council stating that that Council would be prepared to make an offer of suitable four bedroom accommodation to the Plaintiff should he be successful in obtaining the return of his 4 children to England.

9 5. About the month of March 1973, as he avers in an affidavit, filed on the 19 October 1976 the Plaintiff and his wife were separated for about one month, by mutual consent.

10 6. The Plaintiff's wife and their 4 children, about July 1973, went to Ireland to the home of the wife's father. The Plaintiff gave his wife £140 to pay for the journey.

11 7. As a result of a letter from his wife to the effect that she did not intend to return to England the Plaintiff came to Ireland in September 1973 and met his wife's father but not his wife. The Plaintiff in evidence stated that during this visit he said "the relationship is finished". But returned to England and save for sending his children pocket money at Christmas 1973 he never subsequently get in touch with his wife or children.

12 8. The Plaintiff swore that on his return from Ireland he went to stay as a lodger with a Mr. and Mrs. Leggett; that he left the Leggetts, and that Mrs. Shirley Ann Leggett, with be left the Leggetts, and that Mrs. Shirley Ann Leggett, with whom he has since been living, joined him in December 1973. The said Mrs. Leggett is the mother of 4 children - a girl aged 14 years and 3 boys aged respectively 11, 10 and 8 years.

13 9. On the 1 July 1974 an absolute decree of divorce was granted to Mr. Leggett against the said Mrs. Leggett in proceedings in which the Plaintiff was named as Co-Respondent. The decree nisi was dated the 14 May 1974. The Leggett children are in the custody of their father.

14 10. On the 2 July 1974 by Deed Poll Mrs. Leggett changed her name to Jeffrey - She is not a Catholic.

15 11. The Plaintiff's wife died on 12 October 1975.

16 12. The three Defendants are sisters of the Plaintiff's late wife.

17 13. The Plaintiff's children Mary and Margaret have been living with the Defendant Mrs. Mary Daniels since 20 December 1973. The said Mrs. Daniels, whose husband owns a small farm and a saw mill, is childless.

18 14. The Plaintiff's child Ann has been since October 1975 and now is living with the Defendant Mrs. Katherine Kitty Nugent whose husband works as a machine operator in the local tannery and who also is childless.

19 15. The Plaintiff's child Anthony has been since the death of his mother and now is living with the Defendant Mrs. Johanna Wall. The said Mrs. Wall, whose husband has a small farm and was stated to be comfortably off, has 3 daughters aged respectively 15, 13 and 9 years. The Plaintiff's children see each other about once a week usually on Sundays, and sometimes more often.

20 16. The Defendants are Catholics. Each of the Plaintiff's children have been and are attending Catholic schools and I am perfectly satisfied that their religious and moral intellectual physical and social welfare is at present in excellent hands.

21 17. On the 24 December 1976 the Plaintiff married Shirley Ann Jeffrey. They have not yet decided...