Ireland – Maurice Lyons chose not to seek a Separation – He is in Prison for his STAND – Maurice needs your prayers and action

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Maurice Lyons is still in prison – EIGHTEEN DAYS NOW – he needs your prayers and action

 

Maurice Lyons is currently in the Midlands Prison and has been there for the
past EIGHTEEN DAYS since 2 July 2009. He has been told he is in contempt of
the court for not wanting a Judicial Separation of his Marriage and will
only be allowed out if he agrees to the State being allowed to forcibly
dismantle his Marriage. This he will not do.

We are continuously trying to assist Mr Lyons in his efforts to make a claim
in the High Court under the law of Habeas Corpus on the basis that he is
unlawfully detained.

The authorities are delaying and hampering his right to make this
application and so he remains in custody.

He needs to know that there are still decent people in Ireland who cherish
the Freedom that the Constitution is supposed to safeguard for them against
the tyranny of an unfettered State.

Please write to him at the prison. (* for address see below) He is “Prisoner
58971”

Please also write to any politician you know who is willing to do something
for justice and the Family founded on Marriage and ask them – at least – to
make sure Maurice is allowed to make his Habeas Corpus application to show
his detention is unlawful.

More than ever he needs your prayers as he must at this stage be beginning
to doubt whether his Faith and his Marriage have any relevance to his life
and it would only be human if he was beginning to wonder how he got in such
a mess just because he is faithful to the Truth and to his Family.

We provide below a summary of the legal situation that will be presented to
the High Court. Its logic is stark and undeniable and shows, if Mr Lyons is
not immediately released and the persons who put him there punished, that
the State is engaged in – and has been for some considerable time – the
active and purposeful destruction of the Institution of the Family founded
on Marriage.

Regardless of your own circumstances, if the State is allowed to get away
with what they have done, your life will be seriously affected – and not for
the good. Please do not turn your head or heart away from doing something
that will make a difference.

God bless,  Roger Eldridge

Chairman, National Mens Council of Ireland
Executive Director, Family Rights and Responsibilities Institute of Ireland
National Office: Knockvicar, Boyle, Co. Roscommon
Website: http://www.family-men.com  Email: familymen@eircom.net  Telephones:
07196-67138 086-8180146

* Midlands Prison, Dublin Road, Portlaoise

_____________

Why the State can not “separate” a spouse if they want the Marriage to continue
1 – The family law Jurisdiction is a unique jurisdiction distinct &
different from other civil law. No other legal body is given the same
authority and superior position relative to the courts/State as the Family
founded on Marriage.

Article 41

1. 1° The State recognises the Family as the natural primary and fundamental
unit group of Society, and as a moral institution possessing inalienable and
imprescriptible rights, antecedent and superior to all positive law.

2° The State, therefore, guarantees to protect the Family in its
constitution and authority, as the necessary basis of social order and as
indispensable to the welfare of the Nation and the State.

3. 1° The State pledges itself to guard with special care the institution of
Marriage, on which the Family is founded, and to protect it against attack.

2 – The opening of Judicial Separation proceedings must be preceeded by the
filing of certificates by solicitors for the Applicant and Respondent
confirming that their clients have been given names & addresses of qualified
reconciliation services.

“SECTION  5 Safeguards to ensure applicant’s awareness of alternatives to
separation proceedings and to assist attempts at reconciliation.

(1) A solicitor, if any, acting for an applicant for a decree of judicial
separation shall, prior to the making of an application for a decree of
judicial separation—

( a ) discuss with the applicant the possibility of reconciliation and give
to him the names and addresses of persons qualified to help effect a
reconciliation between spouses who have become estranged”

3 – From this fact it must be concluded that before there can be any 

hearing of the application the court must be satisfied

that both parties have exhausted the possibility of reconciliation. This
applies to all applications, even on misconduct grounds. What otherwise
could be the purpose and importance given by the legislation of advising the
parties of the possibility of reconciliation?

4 – An appearance by a respondent cures any defects in a civil bill and
signifies acceptance of the court’s jurisdiction.

See Irish Law Society’s publication, “Civil Litigation”,

“The Defendant’s solicitor should exercise caution when entering an
Appearance on behalf of the Defendant as the appearance will cure any
procedural errors in the Civil Bill or its Service. A Defendant will be
prevented from denying the jurisdiction of the court if they have entered an
unconditional appearance.”

5 – The Circuit Court Rules do not provide any option to make an appearance
for the purpose of stating that the respondent would prefer to work toward
reconciliation. Appearances are either classified “uncontested” – in other
words the respondent accepts all the terms of the Civil Bill – or
“contested” in which case the Respondent (strangely not called a Defendant)
is required to “defend” against the Civil Bill.

If a court believes it can legitimately make an order without an appearance, as in this
case, why then is an “uncontested” appearance ever required?

6 – Rules of the civil Circuit Court provide for the scenario of a judgement
by default of appearance.
This would seem to be appropriate for proceedings where a plaintiff is
suing a defendant. It is questionable if such a judgement is suitable in
applicant/respondent type proceedings, as denoted under the Judicial
Separation Act, which are effectively just a form of arbitration. Can a
person or body be compelled into arbitration?

7 – The Circuit Court does not provide any process whereby a judgement made
without appearance might be SET ASIDE on application by the person named as
respondent on grounds of defects in the civil bill or lack of personal
jurisdiction. ( see letters from court service offering only an “Appeal”
option). The High Court Rules provide for this option.

8. In any event the court decided to issue an Order instead of entering a
Judgement by Default of Appearance and thus claiming that Mr Lyons had made
an appearance, even though he did not.

IN CONCLUSION

If a Respondent makes an appearance he/she is presumed to be stating:
“I am prepared that my defence may fail and if it does I am prepared for
this Separation to take place”.

Where a spouse wishes to remain loyal to the promise he made to his Wife and
to God – as in the case of Maurice Lyons – he is not prepared to entertain
the possibility of a Judicial Separation Decree.
His position remains, “Whatever our unhappy differences are, I am prepared
to do whatever is necessary to remedy them.”

Mr Lyons can not be faulted for remaining open to reconciliation. That is
what all spouses are supposed to do.

The court could not have jurisdiction in this circumstance especially where
the Judicial Separation legislation (as indicated in points 2 and 3 above)
requires the court to have certificates from the Respondent indicating that
he has considered Reconciliation but has made the decision that he is no
longer open to Reconciliation. 

 

The court did not have certificates from Mr Lyons because:

a) He wants Reconciliation

b) He chose not to seek a Separation.

 

This would indicate that the court would only have jurisdiction where both 

the Applicant and Respondent have reached the
point where they are BOTH no longer open to Reconciliation.

Maurice could easily defend against Mrs. Lyons actions by simply
arguing that she is not prepared to tolerate the normal wear and tear of
Married life and is therefore a deserter and he is entitled to bring a claim
to that effect. Mrs Lyons’ application self evidently proves this.

Maurice is entitled to apply for a Judicial Separation on grounds of
desertion if and when he wishes to do so. Why should Mrs Lyons be permitted
to dictate if and when?

Plainly for the court to have jurisdiction to hear an application for
Judicial Separation requires the agreement of both parties to be seeking a
Judicial Separation.

For Judge Alice Doyle to have made an Order in the circumstances is clearly
wrong. For Judge Tehan to find Mr Lyons in contempt and imprison him for
remaining open to Reconciliation is not only itself contemptuous of the
Constitution and the applicable law regarding the Family founded on
Marriage, it shows that the courts are insidiously favouring the spouse who
wishes to dismantle the Marriage over and above the wishes of the spouse who
feels it can be saved.

Everyone acknowledges that difficulties arise in relationships but it is
also universally understood (for reasons of stability to the children and to
society etc) that support must always be given preferentially to the efforts
of the spouse who is willing to try to save a Marriage.

This case highlights how the courts are providing benefits and incentives to
a spouse who wishes to get out of their Marriage rather than what the
Judicial Separation Act, 1989 and Family Reform Act, 1995 and the
Constitution mandates – that it must FACILITATE RECONCILIATION 

BETWEEN ESTRANGED SPOUSES.

Mr Lyons has been imprisoned because of his faithfulness to his Marriage and
the underlying precepts. Mr Lyons has inadvertently exposed the corruption
of the courts and the malign attitude of the State towards the Family
founded on Marriage. It is clear, if this is the custom and practice in the
courts, that the Courts and the State are responsible for the dismantling of
many thousands of Marriages that could have been saved if the Respondent
spouse who wishes for the Marriage to continue had been given support –
rather than treated like a common criminal, as they are doing to Mr Lyons.

From the circumstances one can see that the law in its implementation
prefers the spouse who wishes to dismantle the marriage over and above the
spouse that remains open to reconciliation. This is a gross and
impermissible attack on the Family and shows that the State no longer
respects the Constitutional rights of the citizens.

Roger Eldridge (Chairman); Andrew King (Secretary)

National Mens Council of Ireland
Family Rights and Responsibilities Institute of Ireland
National Office: Knockvicar, Boyle, Co. Roscommon
Website: http://www.family-men.com  Email: familymen@eircom.net  Telephones:
07196-67138 086-8180146

***
National Mens Council of Ireland – About Us

The Family – Marriage and Children

The National Men’s Council of Ireland, in keeping with the Irish
Constitution, extols the virtue and value of the two-parent, Marriage-based
Family as the foundation of society.

We hold that Marriage can only be the union of one man and one woman and is
intended to be life-long.

We trust in God, in rationality, in Bunreacht Na hÉireann and the Rule of
Law. Our motto is “Doing what men have always done – protecting their
Families”

Our primary aim is to stabilise and foster a civilised society. We believe
for that to be achieved we need to strengthen the Family founded on Marriage
by encouraging Spouses to understand the rights and duties that apply to
them within their Marriage in which they agreed to love each other, “for
better, for worse; for richer, for poorer; in sickness and in health; till
the day I die’.

The most important duties of Spouses are

(i) that they work together in making and keeping decisions – for the
benefit of the Family as a whole – over matters that affect the assets that
have been built up during the Marriage, the most precious of these being
their children and

(ii) that they remain at all times open to the Reconciliation of any
differences that may arise between them that threaten the stability and
unity of the Family.

Most Families achieve these duties and cohabit for many years despite
occasions where the “wear and tear” of Family life bring stresses and
strains to the relationship.

The National Mens Council of Ireland and Mothers at Home have set up the
Family Rights and Responsibilities Institute of Ireland. As well as carrying
out this vital research work the National Mens Council of Ireland also
operate a Family Help and Marriage Reconciliation Group. This is in the form
of a self-help group where members are expected to give of themselves as
well as receive expert support and encouragement.

Through this work we are able to explain to Spouses how the law supports
fidelity and protects the innocent Spouse and enables them to continue with
their Family life in situations where the other spouse has abandoned their
duties and are no longer open to Reconciliation.

However this work can only be done in the context of a society which is
being guided in the right direction.

The State has an important role to play in this as shown by the limitations
and undertakings imposed on it by the Constitution,

“The State recognises the Family as the natural primary and fundamental unit
group of Society, and as a moral institution possessing inalienable and
imprescriptible rights, antecedent and superior to all positive law. The
State, therefore, guarantees to protect the Family in its constitution and
authority, as the necessary basis of social order and as indispensable to
the welfare of the Nation and the State. The State pledges itself to guard
with special care the institution of Marriage, on which the Family is
founded, and to protect it against attack.”

Sadly we are finding that the State is under the influence of those who wish
to free the State of its obligations to serve the Family founded on Marriage
and believe that the State should be all-powerful and be able to dictate to
all the citizens including Families despite the Constitution clearly showing
that the Family founded on Marriage is superior in law to the State.

Many of the members of our Family Help and Marriage Reconciliation Group
come to us when they find their school, the HSE or the courts refusing to
acknowledge their authority over their children and their Family life.

Because of this the National Men’s Council of Ireland are called to protect
Families, schools, and places of worship against these unlawful forces that
threaten them, including biased, misandrist and offensive media and attacks
on religious and parental liberty. In keeping with this role we monitor, on
behalf of the Family men and women of Ireland, legislative changes and state
social policy for its impact on the Family based on Marriage and especially
on children.

We offer the resource of the vast amount of experience and research that
have accumulated by the Council and by the individual members. We can assist
members of the Family Help and Marriage Reconciliation Group by helping them
with the paper-work if they wish to pursue their own case or by the Council
writing directly to the Third Party – whether that is a school, a court, the
HSE or a government department – to ask them to explain why they persist in
breaking the law and to point out that their actions will not be tolerated.

We do not receive any State funding for our Family Help and Marriage
Reconciliation Group for the simple reason that it is government policy to
not want Families in difficulty to be Reconciled. The evidence shows that
the State benefits by every Family that it can force into separation or
divorce. Overwhelmingly the evidence shows that the legal system and its
practitioners benefit by every Family that it can force into separation or
divorce.

The evidence shows that the State benefits by every Family it is allowed to
disrespect the authority of in relation to its children – in the areas of
schooling, health, housing, passports and social welfare payments, etc.

In doing this work we find ourselves unearthing corruption and cover-ups by
organs of the State where they are involved in impermissible attacks on the
Family. The extent to which the State is prepared to go is shown by the fact
that several Husbands have been imprisoned simply because they wanted to
remain faithful to their Marriage and to the Covenant they made with God. In
every case the State has been shown to have acted unlawfully and the men
have been released and the institution of Marriage strengthened by their
courage.

The bottom line is that we have God and Truth on our side AND the Rule of
Law! We always act with the law and by doing this we constantly expose the
corrupt practices being carried out by government departments and the
courts.

If the stability and unity of your Family is under threat our Family Help
and Marriage Reconciliation Group offers an opportunity to get the support
and encouragement you need to repel and recover from the unwarranted attacks
on the authority and unity of your Marriage that the Constitution
guarantees.

***

With apologies to Senator DeMint for plagiarising his comment by replacing the word “Ireland” for “America” copying

 

Freedom is not a gift from government, but a right given to us by God.  

 

The success of Ireland was our political and religious culture that accepted the inextricable connection between personal freedom and personal responsibility.  

 

The Founders knew that the natural order of things was for government to expand at the expense of personal liberty, so their Constitution was –  based on an implicit bargain – the less government does for you, the less government can do TO YOU

 

Today, our once-limited government has betrayed those founding principles.  It tries to be all things to all people, yet despite its [alleged] good intentions, government action usually does more harm than good.  

 

So we must remake Ireland’s culture of responsibility: in our family life, in our communities, and in our businesses.  We must prepare our nation for its rebirth of freedom.

 

And this cultural renewal must assert itself in the political arena.  Elected politicians are only as unresponsive as their constituents allow.  They know that every letter and email and phone call represents hundreds more just like them.  They know that Big Government’s worst enemy is an informed citizenry, ready at the next election to punish anyone who infringes on our God-given and constitutionally-guaranteed freedoms.  Get involved, and I promise – we will see results. 

 

Freedom can be saved, but it can’t free itself.   Saving Freedom is never easy, but it’s always worth it. Please join the fight!

 

United States Senator, Jim DeMint      July 6 2009

“““““““““““`

Up on Ration Shed; with thanks to Roger Elderidge – Ireland – Roscommon – Boyle – Knockvicar – National Men’s Council of Ireland – Chair

FAMILY Orientated Authors are WELCOME.

Take note Go https://rationshed.wordpress.com/whole-natural-biological-family-authors-are-welcome

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Onward – Jim