Woman gets order directing son and wife to leave her home

A woman in her 70s has secured a High Court order requiring her son and daughter-in-law to leave the family home.

Elizabeth Stanley, who lives with her husband Jim at Rahandrick, Ballacolla, Partlaoise, Co Laois was granted an injunction, pending the outcome of the full hearing of the dispute, compelling her 46-year-old son Patrick Joseph Fitzpatrick and his wife Aine to vacate the property.

Ms Stanley claimed Patrick and Aine entered the house last Saturday when she was absent, after breaking the lock of the front door. It is also alleged Patrick had new locks fitted on the doors.

Mr Fitzpatrick, who opposed the application and denied any wrongdoing, has claimed he is co-owner of the property, which his mother disputes.

Judge Colm Mac Eochaidh, in making the order, said Mr Fitzpatrick had acted in “an aggressive and high-handed manner”.

Directing Mr Fitzpatrick to hand over all keys he has to the property, the judge also made an order preventing him from attending at the property until the case has been determined.

Seeking the injunction, barrister Peter Bland said Patrick was a son from Ms Stanley’s marriage to the late Francis Fizpatrick, who died in 1970. She had lived on and held sole beneficial occupation of the farm, which had been registered in the late Mr Fitzpatrick’s name, since then.

She married Jim Stanley in 1976. Counsel said Mr Fitzpatrick was “consumed with the notion” he had an interest in the ownership of the property. This was not the case, counsel said.

Counsel said the matter had an “unhappy history,” as Patrick Fitzpatrick previously brought proceedings against his mother seeking an interest in the property. Counsel said the High Court dismissed Mr Fitzpatrick’s claim and that Mr Fitzpatrick had difficulty in accepting the court’s decision, which was not appealed.

In 2012, Mr Fitzpatrick, who lived and worked abroad for many years, gained access to the property and also refused to leave. Eventually the locks of the property had to be changed.

In response, Mr Fitzpatrick, who is biochemist but currently unemployed, rejected the claims of wrongdoing made against him. Representing himself he said he was entitled to be at the property. He said the court was not being told the truth, and added that he was “absolutely no threat to anyone”.

He said he only changed the lock on the front door of the house, and gave his mother a key. He did this because he had been locked out of the house by his mother.

In his ruling Mr Justice Mac Eochaidh said he was satisfied Ms Stanley was entitled to an injunction against her son, and directed him and his family to leave the house.