A prominent member of the Ancient Order of Hibernians is to appeal after a judge of the New York Supreme Court criticised him for trying to force his surname on his three-year-old daughter.
Judge Arthur Schack accused accountant Seán Wilson, a former president of the southern Manhattan AOH, of "histrionics worthy of a Harlequin romance novel" after Mr Wilson said that he wanted his daughter to avoid the stigma of having unmarried parents.
In a case which has created bitter divisions in the Manhattan AOH, Mr Wilson also wants to change the birth certificate of his daughter because he is a prominent Catholic and because the "Wilson name had such a good reputation in Donegal". Judge Schack said that this argument was like something from what used to be called a "four-hankie movie".
Mr Wilson had a relationship with Caroline Kilkenny, a sister of another AOH member, and their daughter, Claudia, was born in April 2003.
Ms Kilkenny maintained in court that Claudia should not have to give up the name of her mother.
Mr Wilson is to lodge appeal documents after Judge Schack noted that the petition to change the birth and baptism certificates of Claudia Maureen Kilkenny to Claudia Maureen Wilson was "replete with accusations about the mother's alleged reprehensible and irresponsible conduct, as contrasted with the father's self-suffering assertions of religious devotion, piety and upstanding behaviour".
Noting that Mr Wilson claimed his family heritage in Donegal had a "depth of history and vitality that procures immediate respect and goodwill in that region by the mere mention of my surname" and that he wanted to "prevent scorn and contempt from befalling Claudia as being associated as a societal bastard child", the judge said that the petition seemed to be about punishing Ms Kilkenny and not about the best interests of the child. Judge Schack said that Caroline Kilkenny had already amended Claudia's birth certificate to acknowledge Mr Wilson as the father. He pointed out that the US constitution's strict separation of church and state prohibited the court from compelling the Catholic Church to alter baptismal certificates.
Mr Wilson is to appeal under the family freedoms guaranteed in the 14th amendment to the US constitution.
Mr Wilson has left the Manhattan AOH as a result of the controversy over the case but he claims that he is still living the order's conservative Catholic lifestyle at his home in Park Slope, Brooklyn.