Family Flashcards
(16 cards)
What article of the Irish Constitution recognises the family as the primary unit of society?
Article 41.1.1 – It describes the family as a “natural primary and fundamental unit group of society.”
What is meant by ‘inalienable and imprescriptible rights’?
Inalienable = cannot be transferred; Imprescriptible = cannot be lost through time or non-use.
Which type of family is constitutionally protected in Ireland?
Families based on marriage only.
Are cohabiting (unmarried) couples constitutionally protected?
No – courts have held that cohabiting relationships do not have the same constitutional status.
Can unmarried parents have legal rights to their children?
Yes, under Article 40.3 – personal rights may apply, but they do not form a ‘family’ under Article 41.
What does Article 42A.1 affirm?
It affirms the natural and imprescriptible rights of all children and obliges the State to protect them.
When can the State intervene under Article 42A?
When parents fail in their duty to such an extent that the child’s safety or welfare is likely to be prejudicially affected.
What is the paramount consideration in all child-related legal proceedings?
The best interests of the child.
What did the Supreme Court decide in In the Matter of JJ?
The State can override parental wishes in medical decisions if their refusal prejudicially affects the child’s welfare.
What legal test is applied to override parental authority in medical care?
The reasonable parent test – What would an objective, reasonable, loving parent do?
Are both parents joint guardians of their child under Irish law?
Yes, if married; if unmarried, the father may need to apply.
Can courts override guardianship rights?
Yes, if it is in the best interests of the child.
Can non-national parents stay in Ireland if their child is an Irish citizen?
Not automatically – as per Lobe; but Zambrano (EU law) may give a right to remain to avoid depriving the child of EU rights.
What did Fajujonu establish about deportation?
Deportation of parents is only allowed for grave and substantial reasons tied to the common good.
Does divorce eliminate constitutional family rights?
No – rights under Articles 41 and 42 may continue even after divorce (TF v Ireland).
What are the conditions for granting a divorce under Article 41.3.2?
Lived apart for at least 4 of the previous 5 years.
No reasonable prospect of reconciliation.
Proper provision for spouses and children.
