Mc E. -v- O'S. [2009] IEHC 52 (05 February 2009)

Mc E. -v- O'S. [2009] IEHC 52 (05 February 2009)

Circuit Court lacked jurisdiction under s. 11 Guardianship of Infants Act 1964 to order lump sum for accommodation for non-marital child; applicant's claim under s. 42 Family Law Act 1995 refused as not properly pleaded; maintenance for non-marital child allowed under s. 5A Family Law (Maintenance of Spouses and Children) Act 1976; carers allowance not permitted.

Citation
[2009] IEHC 52
Parties
Applicant: E. M c E.; Respondent/appellant: J. O’S.; Notice Party: G. O’S.
Jurisdiction
Ireland
Judgment Date
05 February 2009
Procedural Posture
Circuit Court Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Guardianship of Infants, Maintenance of Non Marital Children, Property Adjustment Orders, Statutory Interpretation
Family Law Guardianship of Infants Maintenance of Non Marital Children Property Adjustment Orders Statutory Interpretation

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Parties

E. M c E.

Applicant

J. O’S.

Respondent/appellant

G. O’S.

Notice Party

Procedural Posture

Circuit Court Appeal / Judgment

Legal Issues

  1. 1 jurisdiction to order lump sum for accommodation under Guardianship of Infants Act 1964
  2. 2 jurisdiction to order lump sum under Family Law Act 1995
  3. 3 maintenance entitlement for non-marital child under Family Law (Maintenance of Spouses and Children) Act 1976

Ratio Decidendi

Circuit Court lacked jurisdiction under s. 11 Guardianship of Infants Act 1964 to order lump sum for accommodation for non-marital child; applicant's claim under s. 42 Family Law Act 1995 refused as not properly pleaded; maintenance for non-marital child allowed under s. 5A Family Law (Maintenance of Spouses and Children) Act 1976; carers allowance not permitted.

Court Disposition

appeal allowed

Orders

  • Circuit Court order for €500,000 lump sum discharged
  • Respondent to pay €1,200 per month maintenance for child P.