Denied Paternity: Parental Rights and the Guardianship of Infants in Ireland, 1937–1964

Abstract

This article examines cases of child custody which came before the Irish courts from the introduction of the 1937 Constitution to the Guardianship of Infants Act 1964. It examines ten cases of child custody in the courts from 1937 to 1964 and focuses in particular on the influence of religion in the determination of child custody. It incorporates parental rights for unmarried parents and in cases of “mixed marriage.” It critically analyzes the family under the Irish Constitution and highlights significant cases of child custody during the period which led to legislative change.