Re M., (an Infant)

Judgment Date21 June 1946
Date21 June 1946
CourtHigh Court
In re M., an Infant

Habeas corpus - Illegitimate child - Rights of the mother - Welfare of the child.

Some days after its birth in 1943, the prosecutrix gave her illegitimate child into the custody of the respondent, together with a sum of £60. The respondent, a married woman with no children, did not meet the prosecutrix, but received the child from the nurse in whose home the child was born. Before the birth of the child the prosecutrix had arranged through the doctor that the respondent should "adopt" the child. The respondent had the child baptised and its birth registered, and on both occasions described the child as being that of herself and her husband. In August, 1944, the prosecutrix first met the respondent and asked for the return of the child, which was refused. Nine months later she again met the respondent and asked for the return of the child and was again refused. The respondent lived with her husband in a three room flat and the household had a weekly income of £6. The prosecutrix, who had no permanent home, but resided at her places of employment which she frequently changed, was at the time of the hearing employed as the manageress of a cafe at the weekly wage of £1. She alleged that she was also in receipt of gratuities amounting to £2 per week and lived in the café premises. She proposed bringing the child to reside there with her. It was alleged by the...

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16 cases
  • O.R v an tArd Chláraitheoir
    • Ireland
    • Supreme Court
    • 7 Noviembre 2014 Article 42.5 and also the further right, again like all other children, to free primary education as referred to in Article 42.4. ( In Re M. (An Infant) [1946] 1 I.R. 334; Nicolaou and G. v. An Bord Uchtála). How these particular rights come to vest in such child is probably better expla......
  • Gorry v Minister for Justice and Equality and A B M v Minister for Justice and Equality (1), Gorry v Minister for Justice and Equality and A B M v Minister for Justice and Equality (2)
    • Ireland
    • Supreme Court
    • 23 Septiembre 2020
    ...Duffy P. as long ago as 1946 that children had the same rights under the Articles, whether marital or non-marital: Re M. (an Infant) [1946] I.R. 334. 67 It is not difficult to see that an intimate relationship of some permanence where the two people treat themselves, and are recognised by o......
  • Eastern Health Board v M.K.; Re M., S. and W
    • Ireland
    • Supreme Court
    • 29 Enero 1999
    ...740. In re Haughey [1971] I.R. 217. In re K. (Infants) [1965] A.C. 201; [1963] 3 W.L.R. 408; [1963] 3 All E.R. 191. In re M. an infant [1946] I.R. 334. Re M. and R. (Child Abuse: Evidence) [1996] 2 F.L.R. 195. Mapp (a minor) v. Gilhooley [1991] 2 I.R. 253; [1991] I.L.R.M. 695. McKeon v. Dir......
  • G v an Bord Uchtála
    • Ireland
    • Supreme Court
    • 1 Enero 1980
    ...v. O'S. (1974) 110 I.L.T.R. 57. 8 Quinn's Supermarket v. The Attorney General [1972] I.R. 1. 9 J. v. C. [1970] A.C. 668. 10 M., In re [1946] I.R. 334. 11 Ryan v. The Attorney General [1965] I.R. 294. 12 McGee v. The Attorney General [1974] I.R. 284. 13 McDonald v. Bord na gCon [1965] I.R. 2......
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