Re E. E. L. (an Infant)
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1938 |
| Date | 01 January 1938 |
| Court | Court of Appeal (Northern Ireland) |
Custody - Respective rights of father and mother - Welfare of child chief consideration - Decree of divorce in United States of America - Whether such decree valid in Northern Ireland - Severability of order of Foreign Court - Comity of Courts.
The applicant was the mother of an infant whose custody was the subject matter of an application to make absolute a conditional order of habeas corpus ad subjiciendum. She had been married in 1931 in the United States of America. Her husband was a British subject, but she was previous to her marriage a United States subject. Her husband had resided at various times in the United States of America and in England, but had always remained a British subject, and his domicile of origin was unchanged. The applicant stated that her husband had alleged that their marriage was not legal and that she then insisted that they should be re-married, and that this re-marriage took place on October 3rd, 1931. A son, the infant in the present proceedings, was born on April 30th, 1932. The applicant further stated that in or a bout the month of June, 1932, she went to New York City, and that she was still there in November, 1933, when her husband kidnapped the child from her custody and absconded with it to Northern Ireland. In May, 1934, the child was brought...
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