Re Kindersley
| Jurisdiction | Ireland |
| Court | Supreme Court |
| Judgment Date | 15 December 1944 |
| Date | 15 December 1944 |
(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...
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9 cases
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Re O'Brien, an Infant
...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......
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Child and Family Agency v McG and JC
...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......
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G v an Bord Uchtála
...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.......
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W v C
...child would change automatically with a change in the domicile of the father. The Supreme Court decision in Re Kindersley, an infant [1944] I.R. 111 has been suggested as support for the view that a father's domicile continues to control even after a divorce (see Irish Conflicts of Law W. B......
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