Judgment: 2008-05-26 · Court archive

High Court sets access schedule for children and refuses further expert assessment

The court heard a motion in continuing guardianship proceedings after the parents resolved many access issues by agreement. It made an access order and declined to commission another section 47 report.

High Court · [2008] IEHC 468

Who, what, where, when and why

Who

See the report below for the parties involved.

What

The court heard a motion in continuing guardianship proceedings after the parents resolved many access issues by agreement. It made an access order and declined to commission another section 47 report.

Where

No place detail is included in this summary.

When

Judgment:

Why

Reasons reported in the judgment

The judge rejected the father’s requests for four weeks’ summer access and for the option to care for the children when the mother was away for more than a day. He also rejected the mother’s proposed changes to collection points, citing stability and predictability. The parties could address the court immediately after judgment on the form and refinements of the order.

The High Court set arrangements for a father’s access to his two children and refused his request for a further expert assessment, in a motion heard in continuing guardianship proceedings after the parents’ divorce.

Mr Justice Abbott delivered judgment on 26 May 2008. The judicial separation proceedings had been superseded by divorce proceedings, but remained in effect for guardianship issues concerning the children. The motion, brought by the father in November 2007, sought regulation of access, a section 47 assessment of both parents and the children, and permission for him to give oral evidence.

The father alleged that access had been obstructed and that the mother was alienating the children from him. He said he had not seen one child for eight weeks and the other for five weeks before his affidavit. He also sought a new assessment, saying the previous psychiatrist’s involvement had run its course. The mother denied frustrating access and said she had facilitated it. She alleged the father sought to impose unreasonable terms and did not follow the existing recommendations. These were the parties’ competing claims, not findings by the court.

With both parents’ counsel welcoming the proposal, the judge spoke with the children in the presence of a registrar and stenographer. He said they engaged actively, appeared secure in their parents’ love, and gave him no indication of serious problems warranting expert intervention. They did not ask for access arrangements to change, but said they would have no problem if the court or their parents changed them.

At the final hearing on 1 May 2008, the court considered the affidavits and earlier reports, heard both parents give evidence and received counsel’s submissions. Many issues had by then been resolved by agreement. The father’s counsel did not press the request for another assessment, but the father addressed it in evidence. The judge nevertheless ruled on it and refused to appoint another expert under section 47, relying on the latest report and the children’s views.

The order provides for access every second weekend, from Friday to Monday, subject to the established collection and drop-off points. Midterm and Easter breaks are to alternate. A parent booking a summer holiday must give at least four weeks’ notice. Christmas is divided into two equal periods, alternating between the parents; the parent without Christmas Day access is to have short access on Christmas Eve from 3pm to 8pm. The court confirmed the agreed collection arrangements, with a specific exception allowing the father to collect one child from camp.

The judge rejected the father’s requests for four weeks’ summer access and for the option to care for the children when the mother was away for more than a day. He also rejected the mother’s proposed changes to collection points, citing stability and predictability. The parties could address the court immediately after judgment on the form and refinements of the order.

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