Jus novum (c. 1140-1563) Jus novissimum (c. 1563-1918) Jus codicis (1918-present) Other Sacraments Sacramentals Sacred places Sacred times Supra-diocesan/eparchal structures Particular churches Juridic persons Philosophy, theology, and fundamental theory of Catholic canon law Clerics Office Juridic and physical persons Associations of the faithful Pars dynamica (trial procedure) Canonization Election of the Roman Pontiff Academic degrees Journals and Professional Societies Faculties of canon law Canonists Institute of consecrated life Society of apostolic life Ne Temere was a decree issued in 1907 by the Roman Catholic Congregation of the Council regulating the canon law of the Church regarding marriage for practising Catholics.
The wife subsequently appealed the decision, saying that she had offered no defense in the original civil suit because she feared she might lose custody of her child.
The husband, who was Catholic, allegedly left his Protestant wife by the urging of a priest to the Ne Temere decree, taking their children with him.
In common law jurisdictions the father, by what is called the principle of "paternal supremacy", has the right to decide the religious upbringing of all the children of the marriage.
The Supreme Court of Ireland still upheld paternal supremacy in 1945 in a judgement that the children, whose father had died, should be kept in a Protestant orphanage rather than be placed in the charge of the Catholic mother.
[9] It attributed no force to the signed promises that the father had made before the marriage nor to the argument that the 1937 Constitution of Ireland, adopted eight years earlier, declared that "the State recognises the Family as the natural primary and fundamental unit group of Society", and that it "acknowledges that the primary and natural educator of the child is the Family".
Its own reasoning was that, "in upholding the contractual validity of the pre-marriage promise given by [the father, it] was rejecting an archaic principle of British law that would be the object of public scorn if it still applied in Ireland today".
The Pope:[17] Section 15 revoked the automatic latae sententiae excommunication imposed by the 1917 Code of Canon Law for marrying before a non-Catholic minister or for failing to secure the Catholic upbringing of the children.
", commenting also on the related 1957 Fethard-on-Sea boycott, declared: The removal of the protection of the courts, granted since the Tilson judgement of 1950, to the Ne Temere decree of the Roman Catholic Church.