An organisation representing unmarried and single fathers will apply to the High Court this week for a declaration that the jailing of a father for failing to keep up maintenance payments to his former wife was unlawful.
The move, by Unmarried Fathers of Ireland, follows the release on bail yesterday of a 40- year-old man who had been imprisoned for failing to comply with a court order that he pay €1,500 a month to his former wife and her three children.
His release followed a protest outside Mountjoy Prison by Unmarried Fathers members and the payment of €1,000 bail.
The man had been jailed for three months at an in camera court hearing in the midlands last week.
Ray Kelly, founder of Unmarried Fathers of Ireland, said the man was the biological father of only the youngest of his former wife's children, adding the man was happy to pay maintenance for his son.
"Our plan now is to go to the High Court and seek a judicial review of his case, as he could end up in prison again if he doesn't start paying the €1,500 a month. We want his detention to be declared against the law."
Mr Kelly said the man had a net income of €2,000 a month and "just can't afford that level of maintenance".
"This is a very serious situation, this man is happy to pay for his own son," Mr Kelly said.
Outside Mountjoy Prison before the man's release, Mr Kelly said his organisation did not support fathers who refused to pay maintenance for their children.
"They are low-life. What we are concerned about is fathers being made to pay amounts they can't afford and ending up in prison because of it.
"No parent should be in prison for not paying a bill anyway. It benefits no one."
Mr Kelly said his organisation would also seek an urgent meeting with Minister for Justice Michael McDowell to discuss the issues.
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