The High Court has affirmed Circuit Family Court orders placing a young boy, identified in the judgment as “John”, in his father’s sole custody and primary care in the UK. The appeal concerned his mother’s request that he return to live with her in Dublin.
In a judgment delivered on 2 May 2024, Mr Justice Barry O’Donnell said the child’s welfare was the paramount consideration. He concluded that returning John to his mother’s care was not in his best interests, given the history of access disputes and the risk that difficulties in maintaining his relationship with his father would recur.
The Circuit Family Court made the appealed orders on 23 June 2023, transferring John to his father’s care in the UK and providing for regular remote calls and fortnightly supervised in-person access with his mother. The mother appealed the whole judgment. A High Court judge refused a stay in July 2023, and John remained in the UK while the appeal was heard over four days between February and March 2024.
The High Court considered extensive affidavit and oral evidence, including reports by Professor Jim Sheehan, appointed under section 47 of the Family Law Act 1995, and a report by Ruth More O’Ferrall. The judgment records that the parents’ accounts differed over the reasons for access problems. The court found that the mother had repeatedly failed to comply with access orders and that long periods passed without contact between John and his father. It also found that the mother had not sought professional assistance to address the issues.
The judge accepted expert evidence that the mother’s approach to access posed a risk to John’s relationship with his father. He also found that John had settled well in the UK, was doing well at school and in activities, and wished to remain there, while missing his mother and family in Ireland. The court noted that supervised visits with his mother were being handled well and that the move affected John’s relationships with his Irish family.
The High Court affirmed the Circuit Family Court orders. It directed that further applications be made in the Circuit Family Court and said current access arrangements should continue pending a further report and review. The judge expressed a strong view that a further report was needed, but left the report’s timing and the review date to be addressed with the parties. The judgment also records that final orders, possible further redactions and costs remained to be addressed at a listing on 4 June 2024.