Re Cullinane, an Infant

• Jurisdiction: Ireland
• Judgment Date: 27 April 1954
• Date: 27 April 1954
• Court: High Court

In re Cullinane, an Infant

Custody - Right of mother of illegitimate infant - Welfare of infant -Infant brought up by foster parents - "Adoption"deed - Sum of money paid to foster parents -Rights relinquished by mother - Subsequent marriage of mother - Infant nine years of age -Custody of infant sought by aunt of the mother -Aunt residing in U.S.A. - Foster parents contracting with aunt of the mother to allow child to be taken to U.S.A. - Subsequent refusal to carry out contract - Conditional order of habeas corpus - Mother consenting to her aunt having custody of the infant - Whether infant should be sent out of the jurisdiction - Custody of Children Act, 1891 (54 and 55 Vict., c. 3), ss. 1 and 3.

M.M.C.was born on the 2nd May, 1944, an illegitimate daughter of M.B.C. When she was two weeks old she went to live with the prosecutor at Dungarvan, in the County of Waterford, with whom she remained until August, 1953. On the 13th May, 1944, an "adoption" deed was executed between M.B.C. and the prosecutor and his wife under the provisions of which the prosecutor received a total sum of £100 for taking the infant and M.B.C. gave up all rights to the child. The prosecutor had received no other payment whatsoever in respect of the child, and M.B.C. visited the infant only once, in 1948. M.B.C. subsequently married and went to reside with her husband at a place twelve miles from Dungarvan. In August, 1953, Mrs. H., an aunt of M.B.C., and her husband, both American citizens and resident in America, visited the prosecutor for the purpose of obtaining his consent to their taking M.M.C. to live with them in America. On a subsequent visit to the prosecutor they took M.M.C. back with them to Dublin in order to make arrangements to take the infant to America. As the arrangements could not be completed before their own departure, they placed M.M.C. in a convent in Dublin to be brought over to America when arrangements should have been completed. M.B.C. consented to M.M.C....