The High Court has directed arrangements for two children to travel from Latvia to Ireland for an interim period of access and a welfare assessment, in proceedings to determine custody. The order was made on 21 May 2015 under Article 11(7) of the EU Brussels IIa Regulation, after a Latvian court had refused an earlier request to return the children.
The Minister for Justice and Equality, acting as Central Authority, was the applicant in the case. The judgment describes the first respondent as the applicant in the current motion and the second respondent as seeking custody and day-to-day care. The adults and children are anonymised in the judgment.
The first respondent sought the children’s temporary return for a welfare assessment ahead of a full custody hearing, and sought access during that period. The second respondent sought custody and day-to-day care, but did not object to the first respondent travelling to Latvia for access. She said the children were too young to travel alone and argued that he could not meet their daily needs or provide suitable accommodation. The judge said the hearing concerned interim applications based on affidavit evidence and that the court would not resolve conflicting evidence or counter-allegations at this stage.
The court found the existing Latvian assessments fundamentally flawed, citing procedural concerns including that allegations were put to an assessor without the first respondent being given an opportunity to answer them. It also noted that the children had been interviewed in Riga to give them an opportunity to express their views under the Regulation; those interviews were not intended as a welfare assessment.
The judge directed that the second respondent give her employer notice if she wished to take a month off to travel with the children. The court envisaged their arrival around 22 June 2015, subject to economical flights, and a stay until about 10 August. During the seven-week period, the children were to spend two weeks in continuous daytime company with the first respondent, from 10am to 6pm each day, without the second respondent present. A section 47 assessment under the Family Law Act 1995 could begin in July, but only after the first two weeks.
The court said the assessment could include interviews with either parent, together or separately with the children as appropriate. The judgment did not resolve the substantive custody dispute or make a final order for the children’s permanent return. The judge said the court would be guided on the appropriate assessor to appoint.