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The Family

Constitutional Law

Case NameDescription
R(M) v An t-Árd-Chláraitheoir Mater semper certa est - traditional principle that the woman who gives birth to a child is always regarded as the child's mother could only be changed by legislation
Zappone & Gilligan v Revenue Commissioners Recognition of Canadian same sex marriage would imply right to marry here too
O'Shea & O'Shea v AG Preventing man from marrying divorced half-brother's former wife while half-brother was still alive violated the right to marry
Re Matrimonial Home Bill Making all married couples automatically jointly own marital home interfered with authority of the family by also acting retrospectively
Mac Mathúna v Ireland Favourable treatment of unmarried mothers living alone was not an inducement not to marry as unmarried parents and their children had different needs
K(J) v W(V) Father lost custody battle against adopters as child's welfare was paramount (no constitutional right to guardianship), however the ECtHR said a father and child had a right to develop a relationship
Re JH, an Infant Parents of child put up for adoption who subsequently married were successful in application for custody
Murray v Ireland No right to procreate for childless married couple, both long-term prisoners
Osayande & Lobe In deporting an Irish child citizen’s parent Minister can rely on exigencies of the common good i.e. immigration control, unless the family has resided in the state for an appreciable period of time and set down roots here
In Re Adoption Bill Child may be transferred to another family if necessary to ensure rights as a member of a [i.e. some] family
Northwestern Health Board v HW PKU test - court can only intervene in exceptional circumstances
McK v Information Commissioner Fundamental presumption that informing parent about child’s health is in the child’s best interests - the Information Commissioner must show why this is not the case
Gillick Child’s capacity to decide determined by maturity and intelligence of each child and nature of particular decision
Created by: maevb