Re Kindersley

JurisdictionIreland
Judgment Date15 December 1944
Date15 December 1944
CourtSupreme Court
(H.C. S.C.),
In re Kindersley

Habeas corpus - Parents divorced - Application by father - Father out of the jurisdiction - Infant in mother's custody within the jurisdiction - Father wishing infant to be sent to school in England - Mother's objection on account of war risks in England - Infant a ward of Court in England - Certificate of naturalisation in Eire issued to infant on application of mother without father's knowledge - Application on behalf of father for order of habeas corpus -Application made by father's secretary - Whether authority sufficient - Whether infant ought to be sent out of the jurisdiction - General jurisdiction of the Courts over infants and wards of Court -Principles stated - Comity of the Courts - Guardianship of Infants Act, 1886 (49 50 Vict., c. 27) s. 5 - Judicature (Ireland) Act, 1877 (40 41 Vict., c. 57) s. 28, sub-s. 10 - Courts of Justice Act, 1924 (No. 10 of 1924) - Constitution of Eire, Art. 40 - Irish Nationality and Citizenship Act,1935 (No. 13 of 1935) s. 7.

An English officer, who was a prisoner of war in Italy, wished his son, aged 13, to be educated at Eton. Both the boy's parents were domiciled in England at the time of their marriage. The marriage had been dissolved in England, and the English Courts had made certain orders as to the custody of the two children, the issue of the marriage —the said boy and his younger sister —both of whom had been made wards of Court in England. The mother had married again and was living in Eire, and the boy was residing with her, contrary to the order of the English Court of Appeal. The mother had previously agreed that the boy should be educated at Eton, but she now refused to let him go to England on account of the dangers occurring there owing to the war. A conditional order of habeas corpus, directed to the mother, was obtained on behalf of the father by his secretary, to whom he had granted a power of attorney, and this application was supported by the boy's paternal grandfather. Shortly before the conditional order was obtained a certificate of naturalisation was issued to the boy by the Minister for Justice in Eire in pursuance of s. 7 of the Irish Nationality and Citizenship Act, 1935, on the application of the mother but...

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8 cases
  • Re O'Brien, an Infant
    • Ireland
    • Supreme Court
    • 14 October 1954
    ...and must be taken as overriding any pre-existing law inconsistent therewith. R. v. GyngallELR [1893] 2 Q.B. 232; In re KindersleyIR [1944] I.R. 111; and In re CorcoranDLTR 86 ILTR. 6 distinguished. (H.C., S.C.)In re O'Brien, an Infant Custody - Infant in custody of maternal grandmother - De......
  • Child and Family Agency v McG and JC
    • Ireland
    • Supreme Court
    • 23 February 2017
    ...in Costello op.cit., the traditional remedy of habeas corpus in this field was always exercised with what Gavan Duffy P. described In re Kindersley [1944] I.R. 111 at pp.119-120, as ‘a delicate discretion in the best interests of young children’. 7 I would however be slow to accept the prop......
  • G v an Bord Uchtála
    • Ireland
    • Supreme Court
    • 1 January 1980
    ...14 B. v. B. [1975] I.R. 54. 15 Frost, In re [1947] I.R. 3. 16 The State (Kavanagh) v. O'Sullivan [1933] I.R. 618. 17 Kindersley, In re [1944] I.R. 111. 18 O'Hara, In re [1900] 2 I.R. 232. 19 R. v. Gyngall [1893] 2 Q.B. 232. 20 R. v. Hopkins (1806) 7 East 579. 21 Barnardo v. McHugh [1891] A.......
  • Re Cullinane, an Infant
    • Ireland
    • High Court
    • 27 April 1954
    ...Principles laid down in In re O'Hara [1900] 2 I.R. 232; The State (Kavanagh) v. O'SullivanIR [1933] I.R. 618; and In re KindersleyIR [1944] I.R. 111 considered. In re Cullinane, an Infant In the Matter of MONICA MARY CULLINANE,an Infant, and In the Matter of the Courts of Justice Acts, 1924......
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