S v S
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1976 |
| Date | 01 January 1976 |
| Court | Supreme Court |
Welfare of child - Application to vary order - Children aged seven and five years - Husband leaving wife - Husband living with another woman.
The parties were Roman Catholics and were married in July, 1966. There were three children of the marriage aged from six to four years. They lived outside Éire for a short time and returned to live in Cobh in April, 1967. Discord arose between husband and wife, and in April, 1970, the husband left the matrimonial home, taking the three children with him and placing them in the care of his married sister. The wife issued proceedings for the custody of the children, alleging cruelty. He replied with allegations that she had been neglecting the children, and had committed adultery. He also stated that he was issuing proceedings against C. for loss of consortium and criminal conversation. On 27th July, 1970, the wife consented to custody remaining with the husband, and the consent was made a rule of court. Sometime in 1971 the husband obtained employment in Dublin and set up home with Mrs. F., who had obtained a divorce from her English husband. Mrs. F. changed her name by deed poll to Mrs. O. and the new couple had a child in November, 1971. In September of that year the husband had removed the children from his married sister's home and left them in the care of his parents. In April, 1972, without notice to his wife, he brought them to Dublin to live with him and the second Mrs. O. The wife served a notice of re-entry in May, 1972, seeking an order that custody of the three children be transferred to her. Held by Kenny J. that, 1, the example the children would have before them of living with their father would be deplorable and would tend to colour their views on the sanctity of marriage. 2. The moral factor was so much in favour of...
To continue reading
Request your trial
-
S v S
...JUDICIAL SEPARATION & FAMILY LAW REFORM ACT 1989 S3 GUARDIANSHIP OF INFANTS ACT 1964 S11 HAY V O'GRADY UNREP SUPREME 4.2.92 O'S V O'S 1974 110 ILTR 57 MACD V MACD 1980 114 ILTR 66 K V K UNREP SUPREME JULY 1974 W V W 1976 110 ILTR 49 CORCORAN, IN RE 1952 86 ILTR 6 JUDICIAL SEPARATION & FAM......
- Child and Family Agency v HL and Another
-
G v an Bord Uchtála
...97. 4 M. v. An Bord Uchtála [1977] I.R. 287. 5 K. v. K. (Supreme Court—31st July, 1974). 6 F., In re [1969] 2 Ch. 238. 7 O'S. 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......
-
Child and Family Agency -v- HL & Anor
...and the State (which includes the Courts) guarantees to protect the family in its constitution and authority.” 18. In the case of S v S [1976] 110 ILTR 57 Walsh J. ‘All the ingredients which the Act stipulates are to be considered globally. This is not to be decided by the simple method of ......
-
The Welfare Principle; A useful though controversial test for Guardianship, Custody, And Access?
...It is a necessary evil that there can be no hard and fast rule on this issue. 30 S v S [1992] 12 ILRM 732 (SC) 31 MB O’S v PO O’S (1974) 110 ILTR 57 (HC, SC) Family Law Essay 5.1 Religious Welfare The seminal decision of Tilson 32 , established “a joint power and duty [of parents] in respec......