Re E. E. L. (an Infant)

JurisdictionNorthern Ireland
Judgment Date01 January 1938
Date01 January 1938
CourtCourt of Appeal (Northern Ireland)
[C. A., N.I.]
In the Matter of E. E. L. an Infant

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 back to the City of New York, and was taken to the home which the husband had provided for himself, his wife and child. The applicant obtained a decree of divorce in the State of Florida, on 12th July, 1934, and also a decree that she should have the sole custody of the child. The husband alleged that he was never served with any document in these divorce proceedings. The child was removed by his father from the applicant's custody on October 20th, 1934. The father alleged that he removed him because he was living under immoral conditions and in immoral surroundings. The father brought the child to Northern Ireland, and he had since remained in that jurisdiction. No steps were taken by the applicant until June, 1936, to recover the custody of the child. She came to Northern Ireland, called at the house of the paternal grandmother of the child, where the child was living and had been well cared for. She demanded that he should be handed over to her, but her demand was refused. Subsequently the applicant obtained a conditional order of habeas corpus, and also an order prohibiting the removal of the child out of the...

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5 cases
  • M.H. v G.H.
    • Ireland
    • Supreme Court
    • 26 Febrero 2015 the time. Domicile was recognised and accepted as the foundation of the jurisdiction to dissolve marriage. In In re Lyons [1937] 72 I.L.T.R. 87 the Court of Appeal in Northern Ireland refused to recognise a decree of divorce granted in the United States because, at the time of the commen......
  • Kd (Otherwise C) v Mc
    • Ireland
    • Supreme Court
    • 1 Enero 1987
    ...Court, Kenny J., 27th June, 1973). Mayo Perrott v. Mayo Perrott [1958] I.R. 336; (1958) 93 I.L.T.R. 195. In the matter of E.E.L. (Infant) (1938) N.I. 56. Chard v. Chard [1956] P. 259; [1955] 2 W.L.R. 98; [1955] 3 All E.R. 721. L.B. v. H.B. [1980] I.L.R.M. 257. Le Mesurier v. Le Mesurier [18......
  • Re Fleming
    • Ireland
    • High Court
    • 16 Marzo 1987
    ...IR 277 SILLAR, RE: HURLEY V WIMBUSH & ORS 1956 IR 344 GAFFNEY V GAFFNEY 1975 IR 133 ROSS SMITH V ROSS SMITH 1963 AC 280 LYONS, IN RE 72 ILTR 87 Synopsis: ADMINISTRATION Will Revocation - Marriage - Validity - Domicil - Testator born in Ireland in 1912 - He joined the British Mercantile ......
  • Gaffney v Gaffney
    • Ireland
    • Supreme Court
    • 11 Abril 1975
    ...[1971] I.R. 123. 27 [1906] P. 209. 28 [1899] 1 Ch. 781. 29 [1966] 2 W.L.R. 512. 30 [1971] 2 W.L.R. 401. 31 (1868) L.R. 3 H.L. 55. 32 (1937) 72 I.L.T.R. 87. 33 [1958] I.R. 34 See p. 134, ante. 35 See p. 134, ante. 36 [1967] I.R. 147. 37 [1946] I.R. 277. 38 [1956] I.R. 344. 39 [1967] I.R. 424......
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