The High Court has refused, for now, a mother’s request to take her nine-year-old son to Illinois for a summer 2016 visit, directing that he must not leave Ireland without a further court order. The decision concerned travel for access; the court said the question of the child attending school in the United States was not before it.
Justice Bronagh O’Hanlon said the child’s best interests required his relationship with his mother to be rebuilt in Ireland before a US visit could be reconsidered. The court accepted the assessor’s view that the child was not ready to travel and that he needed security and confidence that his mother would be reliable. The judge also cited the history of breached undertakings and the risk of further cross-border litigation if the child were not returned.
The mother had asked for access in Illinois and said she was willing to attend mediation. She described maintaining contact by Skype and said visits in Ireland were costly. The father opposed travel, saying he feared the child would not be brought back and that he could not face another prolonged legal dispute. He said he was willing to facilitate contact in Ireland.
A court-appointed family law assessor, Ruth More O’Ferrall, recommended that the child remain in Ireland for now. She said the mother should demonstrate reliability through scheduled visits, develop a more cooperative parenting relationship with the father and undertake parenting work. The child’s views, as reported by the assessor, included wanting to live in Ireland and wanting to visit his mother in America while being sure he could return.
The High Court confirmed that it would retain exclusive jurisdiction over custody, access and guardianship while the child was habitually resident in Ireland. It continued the 2011 orders appointing the father as guardian and granting him joint custody, and confirmed that the child was to continue living in Ireland. The mother’s request for a US visit was not granted.
The court ordered the mother to provide a two-year plan for access visits in Ireland, with at least three visits in each of the next two 12-month periods. She must give precise arrangements at least two months before each visit. During visits in school term, she is responsible for taking the child to school and activities. The matter may be reviewed after at least three scheduled visits, and the case was adjourned with liberty to re-enter.
Daily Skype access of up to one hour at 7pm Irish time is to continue. The father is to provide the child’s iPad for that purpose each day. The court noted the mother’s willingness to attend a parenting course and said mediation and family therapy were desirable, but it was not in a position to order them.