‘Unacceptable of devious’ mother not to share custody
In the case, the woman alleges the man has sexually abused their five year old girl and as a result, the father of the two children has not seen them since February.
The man vehemently denies the sex abuse allegation and in awarding joint custody earlier this month at the family law court in Ennis, Judge Patrick Durcan said that he believes that the mother “has concocted a version of events, irrespective of the effect of that approach on others, particularly her children, to serve her own purposes”.
Judge Durcan said that the authorities have to date found no evidential basis to the mother’s sex abuse allegation.
The mother has enjoyed sole custody while living in Ireland.
Awarding joint custody, Judge Durcan said that he was anxious that the decision to award joint custody “will have little impact on the children, but will vindicate the rights of the father as this court has serious concerns over the capacity of the mother to mother”.
However, the matter has now been re-entered by the father’s solicitor after the mother has refused to abide by the judge’s order.
Solicitor Shíofra Hassett told Judge Durcan: “The only access being offered by the mother is supervised access twice a week for three hours at a time.
“This is not acceptable to my client and he is very keen to re-instate access to two weeks on, two weeks off, or week on, one week off.”
In response, Judge Durcan said that it is “unacceptable” that his order has not been complied with.
He adjourned the case to Kilrush District Court today.
The judge warned if there is not agreement on access to allow joint custody take place, “then I will make further orders in relation to this matter.”
Judge Durcan warned the mother if his order is not complied with, “I will have no hesitation in applying the various sanctions that this court has available to it in relation to this matter”.
