O'S & anor -v- Doyle & ors [2013] IESC 60 (19 December 2013)

O'S & anor -v- Doyle & ors [2013] IESC 60 (19 December 2013)

An unmarried mother does not have a constitutional or statutory veto over medical decisions for her child in the face of opposition from a joint guardian father; the court's paramount consideration is the welfare of the child under s.3 of the Guardianship of Infants Act 1964. Section 4 of the Health Act 1953 does...

Source-derived case information.

Citation
[2013] IESC 60
Parties
Applicant/appellant: C. O’S.; Applicant/appellant: T. B. (A minor suing by his mother and next friend C. O’S.); Respondent: Her Honour Judge Alice Doyle; Notice Party: D. B.; Notice Party: The Attorney General
Jurisdiction
Ireland
Judgment Date
19 December 2013
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court Dismissal of Judicial Review
Outcome
Appeal dismissed
Legal Topics
Guardianship of Infants, Vaccination Disputes, Welfare of the Child, Unmarried Parents' Rights, Judicial Review, Constitutional Rights of Parents
Family Law Constitutional Law Child Law Guardianship of Infants Vaccination Disputes Welfare of the Child Unmarried Parents' Rights Judicial Review +1 more

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Parties

C. O’S.

Applicant/appellant

T. B. (A minor suing by his mother and next friend C. O’S.)

Applicant/appellant

Her Honour Judge Alice Doyle

Respondent

D. B.

Notice Party

The Attorney General

Notice Party

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court Dismissal of Judicial Review

Legal Issues

  1. 1 Whether an unmarried mother has a constitutional veto over medical decisions for her child against the wishes of a joint guardian father
  2. 2 Whether the Circuit Court had jurisdiction to order vaccination under s.11 of the Guardianship of Infants Act 1964 in light of s.4 of the Health Act 1953
  3. 3 Whether refusal to adjourn the Circuit Court hearing to allow further evidence was a breach of fair procedures

Ratio Decidendi

An unmarried mother does not have a constitutional or statutory veto over medical decisions for her child in the face of opposition from a joint guardian father; the court's paramount consideration is the welfare of the child under s.3 of the Guardianship of Infants Act 1964. Section 4 of the Health Act 1953 does not override the welfare jurisdiction of the court in such disputes. The refusal to adjourn the Circuit Court hearing was within the trial judge's discretion and did not amount to a breach of fair procedures.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; High Court order affirmed; no order for certiorari or injunction; vaccination order stands