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GAZ
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JANUARY/F
IZ
BRUARY 1977
remain unfinished files — the most unfortunate side of it
though is that the children are always in the centre of it.
CASE LAW
1. B. v B. (Unreported High Court, Jan. 1969, Kenny J.)
— Illustration of agonising choice faced by the
Judiciary.
2. (a) O'B. v.O'B. - (Unreported High Court, 5 January,
1971, Kenny J.); (b) W. v. W. (Unreported High
Court, May 14, 1971), Supreme Court, 10th
December, 1971; (c) O'S. v. O'S. (Unreported Kenny
J., 10 July 1973), (Supreme Court, April, 1974).
Weight of moral viewpoint in judicial decision.
3. C. v. C. (Unreported Supreme Court, 8 May 1970)-
Child's own preference for parent taken into
consideration.
4. Stark v. Stark and Hitchins - L.R. (1910), Prob. 190
—C.A. —Child's own wish.
5. H. v. H. (Child Judicial Interview), (1974 IAER 1145)
—Child's view.
6. O'B. v. O'B. (Unreported High Court, 5 January 1971,
Kenny J.) — Possible clash with Constitution.
7. B. v. B. (1971 3 AER 683) - Parent's right of access
terminated.
8. M. v. M. (1973 2 AER 81) - Parent's right of access
terminated.
9. B. v. B. (Unreported High Court, 4 July 1972, Kenny
J.) —Variation of Custody Order.
BIBLIOGRAPHY
1. Guardianship of Infants Act 1964.
2. Guardianship of Minors Acts 1971-1973 (England).
3. Bromleys Family Law (5th Edition) 1976
(Butterworths).
4. Eckelaar, "What are parental rights?" 89 LQR 210.
5. Articles of James O'Reilly & William Duncan,
Irish
Times,
15th March, 1974.
6. Society of Young Solicitors Lectures: (a) Lecture No.
91 by Mr. Justice Hamilton, "Guardianship of Infants";
(b)Lecture No. 68 by Senator Prof. Mary Robinson,
"Status of Children"; (c) Lecture No. 69 by Robert
Barr, S.C., "Family Law in the High Court in the Irish
Republic"; (d) Lecture No. 67 by Dr. Paul E.
McQuaid, "Reform Law Relating to Children".
7. Kelly J. M. - "Fundamental Rights in Irish Law and
Constitution, 2nd Edition, pp. 204-239.
8. Puxon, Margaret - "Family Law". - 2nd Edn. (197!)
9. Bevan H. K. - "The Law Relating to Children"
Cretney, S.M., Priciples of Family Law, 2nd edition.
London: Sweet & Maxwell, 1976. xlix. 474p. 25 cm.
£7.50.
The learned author, who is a solicitor and a lecturer in
jaw in Oxford, has been so successful with the first edition
® 1974, that it was necessary to publish a second in 1976.
This edition is 85 pages longer than its predecessor, and
contains a full discussion of the more recent developments
® English divorce law, and the financial consequences
foereof. This textbook is not a practitioner's manual, but
ls
intended primarily as a student's guide. The fact that
foe English Adoption Act 1976 and the English
legitimacy Act 1976 receive full coverage, as well as the
citation of recent cases, shows that Mr. Cretney has not
overlooked any recent material. As he points out, one
major difficulty of the laws of marriage is their complexity
and obscurity. He criticises ecclesiastical banns of
Carriage, and the notice requirements of civil marriages
as entirely unsatisfactory. Since the Divorce Reform Act
1969, the sole ground for securing a divorce in England is
that the marriage has broken down irretrievably.
Incidentally many children were legitimated by the
legislation of unrecognized unions. There is a strong
sustained plea by the author, following the publication of
foe recent Finer Report in England, for setting up a
Family Court; the emphasis here is mainly that of giving
guidance to those who desire it. The learned author has
covered this involved subject in a most rcadible way.
SOLICITORS
We require several Solicitors to work within our
Company/Commercial Law Department.
Experience is not necessary, but initiative, an ability
to learn and a capacity for hard work are essential
qualities.
Reply stating curriculum vitae tc:
A. & L. GOODBODY,
31, Fitzwilliam Square,
Dublin 2.
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