Woman objects to ex-husband’s application to see children after prison release
The Wicklow PeopleA woman has appeared before an in-camera family law sitting of Bray District Court seeking a maintenance order from her former husband and opposing an application for access to their children when he is released from prison.
The applicant told the court that since her former husband has been imprisoned, her children have “finally been able to heal”, adding that she can no longer face him.
She said she was seeking a maintenance order as her children are now participating in extra-curricular activities, which she described as becoming “extremely expensive”.
Solicitor for the mother, Dermot Hickey, told the court that his client was seeking €150 per week in maintenance.
He said she is currently in receipt of a disability payment and a back-to-school allowance.
The woman told the court that her children also need to be entertained and said that her main aspiration in life was to be a mother.
“I don’t know what that man is capable of,” she said.
The court heard that the respondent was sentenced at Wicklow Circuit Court after gardaí discovered a camera he had placed in his daughter’s bedroom.
The mother told the court that he is now on the sex offenders register, however, solicitor for the respondent, Jean Connors, clarified that he was sentenced for a harassment offence and not a sexual offence.
Background to the family situation was outlined, with the court hearing that the mother had suffered a mental breakdown and had previously consented to the father having overnight access to their son.
Ms Connors told the court that her client had been a good father and was currently serving his sentence for what he had done.
“If you were in my shoes, would you let him see your children?” the mother asked the court.
An application for access was made on behalf of the father, under strict conditions that any contact would be fully supervised by the children’s grandmother. Mr Hickey objected, stating that his client would not be comfortable with the respondent’s mother acting as supervisor.
“My children are finally healing because of the justice,” the applicant told the court.
Ms Connors told the court that her client had paid €150 per week in maintenance while in custody until his bank account was “drained”.
Judge David Kennedy ordered that a Section 32 assessment be carried out in respect of the father, at his own expense.
A Section 32 assessment is an independent expert report, usually prepared by a psychologist or social worker, to assist the court in deciding what arrangements are in the best interests of a child.
It also examines factors such as the child’s welfare, family relationships, and any risks involved, and provides recommendations to the court regarding access and guardianship.
The court heard that the respondent is due to be released from prison in early February. Judge Kennedy adjourned the matter until April 1.