The High Court found a father guilty of contempt for facilitating his minor daughter’s departure from Ireland, failing to produce her in court and failing to assist her return. It also found that he left the State in breach of a court order. The judge ordered a 12-month prison term but stayed the committal for four weeks to allow the father to take steps to purge his contempt.
The Health Service Executive (HSE) had sought the father’s attachment and committal over alleged breaches of earlier High Court orders. The daughter, identified in the judgment as R., is anonymised. The court had previously declared void a purported marriage involving her, finding she had not given full, free and informed consent.
The orders included restrictions on removing R. from the State and requirements to surrender travel documents. After the HSE received a letter in January 2012 saying R. had gone to Egypt, further orders required her parents to produce her in court and restricted the father from leaving Ireland. The father later swore that he could do little to secure her return. He did not attend court on two scheduled dates, and a bench warrant was issued for him and R.’s mother.
The father returned to Ireland in July 2013 and surrendered himself at a garda station. He acknowledged leaving the State in breach of an order and apologised. He denied involvement in his daughter’s departure, saying he learned she was in Egypt after returning home from work. He also said he could not compel her to return, particularly as she had turned 18. The HSE accepted that its case was circumstantial; it argued the allegations were proved beyond reasonable doubt. The father argued they had not been proved even on the balance of probabilities.
Mr Justice Birmingham said he was satisfied beyond reasonable doubt that the father had facilitated R.’s departure, failed to produce her in court and failed to assist her return, all in breach of the 20 January 2012 order. He also found that the father left Ireland on or about 31 January 2012 in breach of the 18 January order, which the father acknowledged.
The judge described the contempt as very grave, citing the court’s concerns at the time about R.’s safety. He also considered her wish that her father not go to prison, the father’s health difficulties and his Egyptian nationality. The judge said his concern remained to secure R.’s return so her continuing absence could be confirmed as her own choice.
The committal order was stayed for four weeks, with liberty to apply. Unless the father took steps during that period to purge his contempt, the judge directed that he be committed on 6 December 2013 for 12 months. The court was to hear counsel on additional conditions, such as reporting requirements or a curfew, for the period before that date.