Re Tilson, Infants
| Jurisdiction | Ireland |
| Court | Supreme Court |
| Judgment Date | 01 January 1952 |
| Date | 01 January 1952 |
S.C.),
In re Tilson
Infants
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...
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18 cases
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Child and Family Agency v McG and JC
...Article 40 inquiries relating to the custody of children in certain circumstances. She referred to that line of authority, including In re Tilson, Infants [1951] I.R. 1, The State (D & D) v. Groarke [1990] 1 I.R. 305, [1990] ILRM 10,130 and more recently, N v. The Health Service Executive ......
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People v O'Shea
...Court, 16th March 1981. This is also the position adopted by the former Supreme Court of Justice: see InThe Matter of Tilson, Infants [1951] I.R. 1 at pp. 31-32 per Murnaghan J. In the case of The State (D.P.P.) v. Walsh and Conneely, the Court considered the common law defence in the crim......
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John O'Meara and Others v The Minister for Social Protection, Ireland and The Attorney General
...originally enacted, in particular, are among the most visible influences of Catholic thought on the Constitution. In Re Tilson, Infants [1951] I.R. 1 (“ Re Tilson”), Gavan Duffy J. was prepared to say that Articles 41 and 42 “ redolent as they are of the great papal Encyclicals in pari mate......
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Garvey v Ireland
...I.R. 62. 18 The State (Quinn) v. Ryan [1965] I.R. 70. 19 Cooper v. Wandsworth Board of Works (1863) 14 C.B.N.S. 180. 20 In re Tilson [1951] I.R. 1. 21 Bagg's Case (1615) 11 Co. Rep. 93b. 22 R. v. University of Cambridge (1723) 1 Str. 557. 23 R. v. Darlington School Governors (1844) 6 Q.B. 6......
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5 books & journal articles
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The Constitutional Protection of Children in Ireland ? Assessing the Need for Reform and the Available Alternatives
...Against the Best Interests of the Child” (1987) University of Chicago Law Review 54 U Chi L Rev. 196 One could imagine how, in a Re Tilson [1951] IR 1 situation, the best interests standard could have, somewhat unfairly, tilted the balance in favour of the parent with the more socially ‘acc......
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Catholicism and the Judiciary in Ireland, 1922-1960
...81 [1945] IR 515. 82 [1945] IR 515, 517. 83 Whyte (n 11) 196-238. 84 ibid 205-208, 230. 85 ibid 199-226. 86 ibid 80. 87 ibid 171 Re Tilson [1951] IR 1. IRISH JUDICIAL STUDIES JOURNAL [2020] Irish Judicial Studies Journal Vol 4(1) 21 amongst many within the minority Protestant community. It ......
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Illegality, Resulting Trusts and Twin Presumptions: Antiquated Law Meets Modern Society
...na hÉireann 1937 Art 40.1 91 See fns. 65-66. 92 Delany (n 38). 93 ibid. 94 ibid. 95 ibid. 96 [1939] IR 1. 97 Delany (n 38). 98 ibid. 99 [1951] IR 1. 100 Delany (n 38). 101 Re Tilson (n 99) [33] (Murnaghan J). 28 [2013] COLR presumption of advancement applies between parents and children it ......
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A Critical Analysis Of The Protection Of Families Under The Irish Constitution Of 1937
...and Others v Divine [1966] 100 ILTR 53. 52 ibid 56. 53 Coppinger v Waterford County Council [1996] 2 ILRM 217. 54 Re Tilson , Infants [1951] 1 IR 1. 55 Guardianship of Infants Act 1967 s 6(a). 56 A Egan & R McNamara Grandparents and the Law in Ireland (2010) 13(2) Irish Journal of Family La......
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