'I am protecting my child' - Mother denies ex-partner access to son due to coronavirus, court hears

A mother has told a court that she is denying her ex-partner access to their son because she is protecting the boy and her family from coronavirus.

The couple are estranged and live in separate homes a number of miles away from each other in Co. Clare.

The father hasn’t seen his 12-year old son since March 4 and solicitor for the father, Frank Doherty, stated that his client has been denied access on 13 separate dates in March in breach of a court order in place for access to the child.

Mr Doherty said that there are 16 separate access dates between the father and son scheduled during April.

The mother told the court that she was denying access because “the HSE is telling us not to mix with other people - that is why I am protecting my family from people coming into my house from other houses”.

The woman told Judge Mary Larkin at the family law court in Ennis: “I am being sensible, I am protecting my child.”

The mother said that it “would not be safe” for her son to live at his father’s house.

The woman said that along with her husband and their baby, another older family relative lives with them at the family home.

She said: “We don’t mix. We stay at home. We are living on a farm in a very isolated environment.

For that reason, I am keeping my son with me because it is just too risky. None of us wants to get this virus into our home.

The mother said that if she allowed access, her son would be mixing with other people as his father would bring him to meet with his own parents at another address in rural Clare.

She said: “I would be afraid that he would be mixing with other people. The HSE state not to mix with other people and that is what I am complying with.

“It is not only us in this situation - it is the whole country in this situation.”

The father told the court that he lives by himself and has been self-isolating during the coronavirus outbreak.

Judge Larkin told the mother: “I don’t accept that the child is any safer in your house than his father’s house.

“I have no difficulty sending someone to jail for breach of access. This is a breach of a court order and you have to comply with court orders.”

Judge Larkin stated that the law of the land “is not based on HSE directives”.

She said: “The law in Ireland is based on what the law is and there is a court order in place. You are going to have to come to terms with managing this access.

“I don’t think the court or the law envisages that the child wouldn’t see his father for six months… The whole country has to come to terms to manage relationships between parents and children.”

Judge Larkin stated that she didn’t believe that it is the intention that children should not see their other parent during the course of the coronavirus pandemic.

She said: “The other alternative is that the child would live with his father.”

The mother’s solicitor wasn’t in court for the hearing and Judge Larkin told Mr Doherty to inform the solicitor that “her client is in jeopardy as she is in breach of a court order and could be sent to jail”.

Judge Larkin said: “This will have to be resolved”

Judge Larkin told the mother that she has the option of making an application to have the current access order varied.

She asked the mother: “Surely, your son wants to see his father?”

In response, the mother said: “My son has access to Facebook messenger and the phone and he doesn’t speak with him. He doesn’t want it.”

Judge Larkin said that she expected the matter to be resolved by the next court date on April 16.