Re Tilson, Infants
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1952 |
| Date | 01 January 1952 |
| Court | Supreme Court |
Custody and religious education - Protestant father and Roman Catholic mother - Ante-nuptial agreement by father that issue of marriage should be brought up in Roman Catholic religion - Infants baptized Roman Catholics and brought up as Roman Catholics - Father, desiring infants to be brought up Protestants, removing them to Protestant institution - Validity of ante-nuptial agreement - Welfare of infants -Whether mother entitled to custody - Whether right of father to direct religious education of children altered by the Constitution - Constitution of Ireland, Arts. 41, 42 and 44.
T. and B. were married on the 10th December, 1941, in a Roman Catholic church in Dublin, T. (the husband) being a Protestant, while B. was a Roman Catholic. T. signed an undertaking that any issue of the marriage would be brought up as Roman Catholics. There were four children born of the marriage, all boys, and all were duly baptized as Roman Catholics. Differences having arisen between T. and B., T. removed the three elder children from the home of B.'s parents (where T., B., and the children were then residing) and took them to live with his parents; he subsequently removed them to a Protestant institution. B. thereupon obtained a conditional order of habeas corpus ad subjiciendum directed to the respondents, and, on the application to make absolute the conditional order, notwithstanding cause shown, it was held, by Gavan Duffy P., that the prospective general welfare of the children required that they should be returned to the mother to live in her home. On appeal it was held by the Supreme Court (Maguire C.J., Murnaghan, O'Byrne and Lavery JJ.; Black J. dissenting): 1, Under the Constitution both parents have a joint power and duty in respect of the...
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