Ward v Laverty
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 June 1924 |
| Date | 01 June 1924 |
| Docket Number | (1923. No. 47.) |
| Court | King's Bench Division (Northern Ireland) |
K. B. Div. (N. I.)
Appeal. (N. I.)
Infants - Custody - Habeas corpus - Religious education - Dead father's express direction - Welfare of children - Change of religious education - Separation of family.
Elizabeth Ward, formerly Laverty, the mother of the infants, was married on the 28th February, 1911, to Matthew Joseph Ward. She was the daughter of Alexander Laverty and Mary Laverty, and until a few months before her marriage had been a Presbyterian, but shortly before that event she became a Roman Catholic. Her husband, Matthew Joseph Ward, had always been a Roman Catholic, and continued so until his death, which took place in October, 1920. There were three children of the marriage—Mary, aged eleven; Lila, aged six; and Peggy, aged four, at the date of the application. Some time before the death of Patrick Joseph Ward his wife, Elizabeth Ward, ceased to reside with him, and went to live with her father and mother,
taking the three children with her. During the lifetime of Matthew Ward the children were brought up as Roman Catholics, but the eldest child, Mary, after attaining the age of eight, attended a Protestant school during the lifetime of her father. Ward by his will directed that his children should be brought up Roman Catholics. Elizabeth Ward, the wife of Patrick Ward, survived her husband, and died on 23rd March, 1923. From the time the wife and children went to reside with Alexander and Margaret Laverty there was no evidence of their having attended at a Roman Catholic church or school. Mrs. Elizabeth Ward died a Presbyterian, and was attended on her death-bed by a Presbyterian clergyman. From June, 1920, the three children remained in the house of their maternal grand-parents, and the eldest child, Mary, attended the Presbyterian church for a period of from eighteen months to two years. The clergyman of the Presbyterian church where she attended gave evidence that Mary had acquired clear Presbyterian views. She had also attended, during that period at least, a Protestant school.On the 24th April, 1923, Brigid Ward, the paternal grandaunt of the infants, Mary, Lila, and Elizabeth Ward, obtained a conditional order for a writ of habeas corpus against Alexander Laverty and Margaret Laverty, the maternal grand-parents of the children, in order to obtain the custody of the infants.
On the 5th May, 1923, an application was made to Sir Denis Henry, Bart., C.J., and Brown J. in the King's Bench Division to make the order absolute. Sir Denis Henry C.J. and Brown J. had an interview with the eldest child, Mary, and were satisfied that she had acquired fixed Presbyterian views.
The Rev. John Pollock was examined on behalf of the respondents, and stated that he was the minister of St. Enoch's Presbyterian Church, Belfast, and that Mr. Laverty and his wife and family attended his services, as also did the little girl, Mary Ward. She had been coming fairly regularly for the past eighteen months, and, he understood, had been attending the Antrim Road Baptist National School. As a result of conversations he had had with her, he was of opinion that she had decided convictions in favour of the Church she was now attending. He knew the mother of the children, and officiated at her funeral; she died a Presbyterian.
Brigid Ward, the paternal grand-aunt of the infants, appealed to the Court of Appeal, N.I. (1), against the order of the King's Bench Division in so far as it refused to transfer to her the custody of her grand-niece, Mary Ward. There was also a cross-appeal by Alexander Laverty and Margaret Laverty, the maternal grandfather and grandmother, to whom the custody of Mary Ward had been continued, against so much of the order as transferred to Brigid Ward the custody of the two younger sisters of Mary Ward, Lila Ward and Peggy Ward.
In 1911 M. and E. were married according to the rites of the Roman Catholic Church. E. had been a Presbyterian, but shortly before her marriage became a Roman Catholic. There were three children of the marriage, daughters. In 1920 M. fell into habits of intemperance, and ceased to provide a home for E. and his children. Accordingly E. brought the children with her to her father's house, who thereafter supported them all, and M. went to live with his brother. At the same time the eldest girl was taken from a Roman Catholic school and was sent to a Presbyterian school, which she continued to attend for nearly two years. In July, 1920, M. made his will, whereby he directed that his children should be brought up in the Roman Catholic faith. After her husband's death, in October, 1920, the wife became once more a Presbyterian, and died in March, 1923, a member of that Church. The children, from the date of their mother's death, continued to reside with their maternal grandfather and grandmother, who brought them up as Presbyterians. At the time of the application for a writ of habeas corpus the children were respectively aged eleven, six, and four years. The Judges of the King's Bench Division (Sir Denis Henry C.J. and Brown J.) having interviewed the eldest girl, were satisfied that she had acquired fixed Presbyterian convictions.
Held by the Court of Appeal, affirming the judgment of the King's Bench Division, that it would not be for the benefit of the eldest child to hand her over to her paternal relatives. Held also by the Court of Appeal, reversing the judgment of the King's Bench Division, that as regards the two younger children the appeal should be allowed, on the ground that it was for the welfare of all the children that they should be brought up together in the custody of their maternal relatives.
Sir Denis Henry, Bart., C.J., delivered the judgment of the King's Bench Division, as follows:—
This is an application on behalf of Brigid Ward for a writ of habeas corpus directed to Alexander Laverty and Margaret Laverty, his wife, who reside at 3 Allworthy Avenue, Belfast, directing them to produce the bodies of three children, Mary Ward, Lila Ward, and Peggy Ward, for the purpose of being delivered into her custody.
These children, who are aged respectively, Mary eleven, Lila six, and Peggy four, are the lawful daughters of Matthew Joseph Ward, late of Gargory, in the County of Down, and Elizabeth Ward, formerly Laverty, his wife.
Elizabeth Ward was the daughter of Alexander Laverty and Margaret Laverty, and she was married on the 28th February, 1911. Up to the time of her marriage she was a Presbyterian, but some short time before it she was baptized in the Passionist Church, Ardoyne, according to the rite of the Roman Catholic Church, and was received as a member of that Church.
After the marriage, and up to the death of her husband, which took place on the 27th October, 1920, she seems to have attended Mass at St. Patrick's Catholic Church, Donegall Street; and it is sworn by the Rev. Bernard Laverty that he frequently visited her as a Catholic, and he denies that she only conformed to that faith to the extent required for marriage to a Catholic. The husband always remained a Catholic. The marriage was an unhappy one, but it is not necessary for us to go into this matter, inasmuch as this is not an application by a living father. Both parents are dead, and no suggestion is made against Brigid Ward and the other paternal relatives associated with her in this application, and they are the only people we have at present to consider. During the lifetime of Matthew Ward the children, so far as was possible at their age, were brought up Roman Catholics; Mary for some considerable time attended the Crumlin Road Convent School, and she made her first Communion as a Roman Catholic. She did attend the Antrim Road National
School after attaining the age of eight, which is a Protestant school, during the lifetime of her father.The mother of these children and the children themselves seem to have gone to reside with Alexander Laverty in June, 1920, and since that date he maintained them, and they lived in his house. Elizabeth died on the 23rd March, 1923, and this application was made shortly after her death. Matthew Joseph Ward, the father of the infants, made his last will on the 22nd July, 1920, and bequeathed all his property, worth about £2,000, in the events that have happened to his three children in equal shares. He appointed his wife Elizabeth trustee, and directed that his children should be brought up in the Roman Catholic faith. From the time the wife and children went to reside with Alexander Laverty, in June, 1920, there is no trace of the attendance of the children at a Roman Catholic church or school; and Mrs. Elizabeth Ward is proved to have died a Presbyterian, and to have been attended on her death-bed by the Rev. Mr. Pollock, the minister of St. Enoch's Church.
No application of any kind was made in connexion with the children during the lifetime of Elizabeth Ward by any of the paternal relatives, and it is alleged by Mr. Joseph Ward, paternal uncle of the children, that he was advised that, owing to their tender years, it would have been useless to try and get them out of the custody of their mother. The result was that the three children—Mary, born on the 10th January, 1912, and Lila and Peggy, aged six and four respectively—remained with their grand-parents. During nearly two years at least Mary Ward attended the St. Enoch's Presbyterian Church, she went to the Baptist National School, Antrim Road, and she was seen from time to time by Rev. John Pollock, of St. Enoch's. He was examined before us, and proved that he knew Mary and knew her history. She attended his church for a period of eighteen months to two years fairly regularly, which he interpreted as meaning she might miss an odd Sunday. He had a number of interviews with her, and in his opinion she had clear Presbyterian views. We saw the child ourselves. She is a bright, intelligent child, between eleven and...
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