Re May, Minors

Judgment Date01 January 1958
Date01 January 1958
CourtHigh Court
In re May

Both parents Roman Catholics at time of marriage - Married according to the rites of Roman Catholic Church - Intention at time of marriage that issue of the marriage be brought up as Roman Catholics - No formal or express agreement - Agreement implied - Contract put into operation for ten years - Father changing his religion - Attempt by father to interfere with the religion of his children - Constitution, Arts. 42, 44.

The matter came before the Court upon the application of Josephine May, a married woman, of 114 Benmadigan Road, Drimnagh, seeking to have her five children made wards of Court, and further that she be appointed their guardian and that the Court give all necessary directions regarding their maintenance, education, and upbringing, and in particular their religious training. Mrs. Josephine May and her husband, John Patrick May had, prior to their marriage, been Roman Catholics. They were married according to the rites of the Roman Catholic Church. There were five children of the marriage, who, for over ten years had been brought up as Roman Catholics and no differences of any kind had taken place concerning their religious upbringing. In 1954, Mr. May became...

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3 cases
  • M J L v Ireland
    • Ireland
    • High Court
    • 27 June 2007
    ...S20(3)(a) UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD 1990 ART 18.1 O'MAHONY EDUCATIONAL RIGHTS IN IRISH LAW 2006 107 MAY, RE 1958 92 ILTR 1 SHATTER FAMILY LAW 4ED 1997 553 2006/1427JR - Budd - High - 27/6/2007 - 2007 33 6796 2007 IEHC 316 1 Mr. Justice Declan Budd delivered on the......
  • Gahan v Engineering Products Ltd
    • Ireland
    • Supreme Court
    • 8 March 1971
    ...appeal on liability, and allow the appeal on damages. Walsh J.:— I agree. McLoughlin J.:— I also agree. 1 [1952] 1 All E.R. 1013. 2 (1958) 92 I.L.T.R. 1. 3 (1930) 47 T.L.R. 4 [1967] 1 W.L.R. 1497. 5 [1968] I.R. 47. 6 [1966] I.R. 373. 7 (1930) 47 T.L.R. 39, 41. 8 See p. 31, ante. ...
  • H. v H
    • Ireland
    • High Court
    • 4 February 1976
    ...agreed. that the children of the marriage would be brought up as Roman Catholics. To quote from the words of Davitt, P. in Re May 92 I.L.T.R. 1 at p. 5; "It was taken as a matter of course that in accordance with their duty they would rear any children of the marriage as Catholics." 4 This ......
1 books & journal articles

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