The High Court has ordered one hour of supervised contact each week between a father and his young daughter, who had not seen him for more than two years. The interim arrangement is to begin in the week of 17 June 2024 and will remain subject to further proceedings.
In an ex tempore judgment delivered on 30 May 2024, Ms Justice Nuala Jackson said the issue before her was whether to make an interim access order. She said there was no evidence that the father’s conduct towards the child had been inappropriate while he was involved in her life during her early months. The child, Emma, was about two and a half years old and had not seen her father since January 2022.
The judge said the child’s best interests were paramount and that contact arrangements should not drift while a professional assessment was awaited. She considered the evidence, including affidavits, oral evidence from the parties and a psychologist, and a medical report exhibited by the mother. The judgment records conflicting medical evidence: the mother’s GP report stated there were “no mental health concerns”, while the psychologist gave evidence of PTSD and said access could seriously exacerbate symptoms. The judge said the situation was unsatisfactory and noted that a five-year safety order had been granted to the mother by the District Court.
The judge concluded that the safety concerns did not preclude contact, but required stringent safeguards. She ordered that Supervised Access Ireland supervise weekly sessions on the same day and at the same time. A supervisor is to collect Emma from her home and bring her to and from contact, so the mother need not engage with the father. The father must pay the supervision and related charges. Contact is to take place at an appropriate location in a redacted area, to be agreed in consultation with the service. The father may bring one of his parents, provided it is the same parent each time, or attend alone. The supervisor may redirect or end a session if considered appropriate.
The judge directed that supervision notes be made available to the parties and for the hearing listed for September. A section 32 report was being prepared by Dr Anne Byrne-Lynch, who was to be informed of the order. The judge reserved the costs of the motion. She also said the safety order remained in force and would require careful regard. The judgment states that broader issues, including access involving the father’s wider family, were not for determination on this application.