Man ordered to vacate mother's home

Friday 29 August 2014 22.02
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Elizabeth Stanley took legal proceedings against her son Patrick Fitzpatrick
Elizabeth Stanley took legal proceedings against her son Patrick Fitzpatrick
The High Court heard Mr Fitzpatrick broke into the property last Saturday with his wife and two children
The High Court heard Mr Fitzpatrick broke into the property last Saturday with his wife and two children

A 46-year-old man has been ordered to leave his mother’s home after she took legal action claiming she was "under siege" from him and his wife.

Elizabeth Stanley took legal proceedings against her son Patrick Fitzpatrick after he moved into the house last weekend and changed the locks.

Mrs Stanley's barrister Peter Bland told the High Court Mr Fitzpatrick broke into the property last Saturday with his wife and two children, aged four and three months, while she and her husband were away.

Mr Fitzpatrick is a son from Mrs Stanley's first marriage. Her first husband died intestate in 1970.

Mr Fitzpatrick is claiming to be a co-owner of the property.

Mr Bland said Mrs Stanley and her second husband, who are both in their 70s, left the house at Rahandrick, Ballacolla, Portlaoise yesterday over concerns about how her son would react when he heard about her legal action.

Mr Bland said the situation had become intolerable and there was a very unhappy history.

Representing himself, Mr Fitzpatrick said he is no threat to anyone and has been going in and out of the house his whole life.

He said he moved in at the weekend to assert his rights after being locked out of the house for the past two-and-a-half years.

After being questioned by the judge about his circumstances, Mr Fitzpatrick admitted he has a home in Swords and his daughter is expected in pre-school in Beaumont in Dublin on Monday.

Mr Justice Colm Mac Eochaidh said Mr Fitzpatrick moved into the house in an aggressive and high-handed manner.

He said he was an uninvited family member and it was clear that not only did he have a family home in Swords but it was available for him to stay in tonight.

The judge granted an interim interlocutory injunction.

He ordered Mr Fitzpatrick to leave his mother’s home by 7pm today and to leave the keys behind him.