A father of four who has spent two weeks in jail for refusing to recognise a court's jurisdiction over his marriage is to argue in the High Court this week that he is being unlawfully detained.
The man, who cannot be named for legal reasons, has refused to recognise an order of the Circuit Court which directed that some of his children should live with his wife while others should continue to live with him.
The Enniscorthy Echo reported last week that the man was found to be in contempt of court after refusing to recognise the jurisdiction of the courts in making an order relating to his marriage.
The man, who is not being named due to reporting restrictions on family law matters, was jailed two weeks ago.
He refused to purge his contempt at a court hearing and is due to make a habeas corpus application in the High Court this week, declaring that his detention is unlawful.
Family members say the man is prepared to stay in jail rather than allow the chidlren to be "split up". The children are understood to be in the care of relatives of the father and mother.
Chairman of the National Men's Council of Ireland, Roger Eldridge, said the organisation was very concerned at the development.
Mr Eldridge said the man's Catholic faith did not allow him to recognise the dissolution of his marriage. As a result, he did not wish to take part in the judicial proceedings.
The man was later ordered to appear before the court when he continued to refuse to recognise the court's jurisdiction over his marriage.
The family of the man say they believe no one can be forced to enter into family law proceedings involuntarily.
Mr Eldridge told The Echo: "He has asked the court for the past two years to prove that it has jurisdiction over the institution of Catholic marriage but it has not done so. The courts have only ever had jurisdiction over Church of Ireland marriages.
"For this reason, he decided not to appear before the court. In this instance, a judge has the power to issue orders in his absence but not to have an individual arrested and forced to participate in civil proceedings.
"However, when this man didn't appear, he was arrested and dragged before the courts. When he continued to refuse to recognise the court's jurisdiction over his marriage, he was jailed.
"Being a family man, he is fighting against an order seeking to separate his children. He feels that this would be extremely cruel."
Mr Eldridge said the National Men's Council of Ireland was seeking the views of religious leaders on the matter.
The father of four is due before the Circuit Court again this week, but he is expected once again to refuse to purge his contempt. The four children, meanwhile, are said by family members to be very upset at the jailing of their father.
