The High Court dismissed a father’s appeal seeking primary care of his three children and an immediate new assessment, while setting out a staged plan for short video calls. The court said the children should not be pressured to take part and that any broader access would require further steps, including supervision and risk assessment.
The appeal concerned a March 2021 Circuit Family Court order. In a judgment delivered on 20 July 2021, Ms Justice Bronagh O’Hanlon refused the father’s appeal against the refusal to transfer primary care and control to him and against the refusal to appoint an assessor for a section 47 report. She agreed that a further report was premature. The court also upheld the refusal to require the mother to undergo psychiatric assessment, and upheld the adjournment of outstanding motions and the direction against bringing further applications before the adjourned date.
The judge reviewed earlier findings and professional recommendations, including a 2020 High Court decision that the children remain primarily in their mother’s care and that the father’s access be supervised. The current court described the family situation as highly conflicted and said the conflict was harming the prospect of good access. It said the father must follow professionals’ recommendations about what could be discussed with the children during contact.
From 16 August 2021, the youngest child was to have a 10-minute Zoom call with her father at 5.45pm on Mondays. The other children could have separate 10-minute calls at 6pm and 6.15pm if they wished. The mother was to be present but avoid intervening unless necessary. The father was not to discuss custody, overnight access or the conflict, or show the children rooms prepared for visits. The court stressed that the child who was not to be coerced into access must not be forced to join.
The same schedule was to apply on Fridays from 20 August. After three months of satisfactory calls, continued psychotherapy and payment of money owed to Core, the father could pursue a focused assessment about whether a workable access arrangement was possible. Any further access would initially be supervised and risk assessed. The court said access could increase by written agreement witnessed by the parties’ solicitors if those working with the family considered it in the children’s interests.
The judge said the mother had arranged play therapy for the children. The case was adjourned for mention in October 2021, with the court to hear submissions on the parameters of a focused assessment, subject to Legal Aid being available to the father.