Irish Exceptions to the Constitution's Narrow Definition of the 'Family'

Viarum

hey there folks,

i know it's well established in Irish law that the Constitution defines family in a very narrow and constrictive sense, being that solely of the marital family, with marriage being a paramount requirement to it's existance.

However, I'm looking for any case law whereby Irish courts have adopted or even allured to the more broad definition of the family unit, e.g. that advanced by the European Court of Human Rights.

So far what I've found is few and far between.

1. The judgment of McKechnie J. in G.T. v. K.A.O. Unreported, High Court, 10 September 2007 –whereby he, albeit it in the confined context of European Law abduction, recognised the existence of custodial rights in a ‘de facto’ family.

2. Barron J.’s dissenting judgment in In the Matter of H.I. (A Minor): H.I. v. M.G. [2000] 1 I.R. 110 purporting that custodial rights can transcend those traditionally defined by Irish law in circumstances of a 'de facto' family relationship.


These two seem to be the only instances of this broader approach in the Irish courts that I can lay my hands on, if anyone is up to date with family law and can point out any more it would be greatly appreciated!

many thanks and cheers for the read anyway!

Tom Young

Try this one by Hedigan J: http://www.courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/38a622eaeb78969f80257447003cf68e?OpenDocument

There is also the SC decision of Fennelly J: http://www.courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/e38386fa6f02e44e80257688003f7a9a?OpenDocument

This was the half cocked judgment rejecting elements of the High Courts findings and then totally obfuscating the realities of the Family in the SC ruling/decision in my view.

Tom Young

Hedigan J. to my mind (and it's quite some time since I read this) exercised the ECHR in his ruling.

I also remind you that this is abnormal in the sense of how it became to be before the Courts. I think it was an injunction regarding the removal of a child from the Jurisdiction in circumstances where the child was a born to a De Facto family which was subsequently not recognised by the state.

Have fun.

Tom

EDIT: I think the ruling by Fennelly J (after a few Guinness, I might be wrong, could be Geoghegan) states the position in re. Custody.

Tom Young

http://www.irishtimes.com/newspaper/opinion/2009/1212/1224260585386.html might also be of assistance.

Viarum

thanks a mil tom, very informative, that info is ideal. very much appreciated for the help!