O'Donoghue v. Legal Aid Board & Ors

The plaintiff married her husband, Robert O'Donoghue, on the 17 th September, 1976. They had one son, Paul, who was born on the 2 nd November, 1984.

At the age of 8 months Paul contracted a very serious and rare illness called Reyes Syndrome. He survived the acute stage of that disease but as a result of it he became, and remains, profoundly disabled. Paul's illness added further strain to what was already a very difficult marriage. That difficulty was created by the plaintiff's husband's excessive drinking.

Matters became so serious between the plaintiff and her husband on the 13 th July, 1986, that she left the family home along with Paul and returned to her mother's home. She stayed there for a little less than a year, at which stage she was provided with a small house of just 500 square feet by Cork City Council. She lived there until 2002 when she was re-housed in a larger dwelling. That became necessary because Paul was getting bigger and additional equipment was required in order to deal with his disability.

The family home which she left in 1986 was privately owned having been purchased in the joint names of herself and her husband. The plaintiff contributed towards the repayment of the mortgage on that house.

For about a year after she left that family home, no maintenance was paid by her husband. In 1987 he commenced paying �40.00 per week.