Court hears case over family photos being taken on son’s first day at school

23 October 2024

A plea in court has been made that there be no issues around the taking of a family photo on the first day of school for an estranged couple’s child.

At a sitting of the Family Law Court, solicitor, Anne Walsh made the request on behalf of the mother of the boy going into junior infants this week.

Ms Walsh made the request after Judge Marie Keane directed that the boy be reunited with his mother at the family home the day before school to allow her to prepare her son for his first day at school.

The father of the boy removed the couple’s children from the family home earlier this month after the mother allegedly ‘pulled a knife’ on him when a child was present, the court heard.

Solicitor for the man, Caroline Doherty, outlined the incident and said that her client removed the young children from the family home out of concern for the safety of the children.

Ms Walsh said that both parents have obtained Protection Orders against each other and a hearing in relation to the Protection Orders is scheduled for October.

Ms Casey said that the parents’ relationship “is very volatile and very toxic in light of the allegations before the court and Cross Protection Orders”. She said that since the incident at home in early August, her client did not see the children until interim access arrangements were agreed on August 19th. However, ahead of the start of the couple’s son’s first day at school, the mother was seeking a Production Order for the couple’s son to be reunited with her.

Judge Keane granted the Production Order and directed the couple’s children be returned to their mother, including the school-bound son.

The judge said: “We have a child starting school this week, and he has resided at the family home since he was born and that is the home he knows as his home and that is where the child needs to be returned to for the purposes of going to school, so he knows precisely where his home is and where his routine is.”

Mr Doherty said her client “has great concerns about the welfare of his children”.

Judge Keane asked what has he done about his concerns for the children and Ms Doherty said that her client wanted to make sure the children were safe since the incident occurred.

Judge Keane said: “This man needs to understand that this lady is the mother of these children, and we are talking about a young child who is about to go to school, and he needs his Mammy. It is as simple as that.”

On the arrangements for the boy’s first day at school, Judge Keane said that the father can also be present along with the mother at the school on the first day for the purposes of the introduction of the child to the school.

In line with the interim access arrangements previously agreed, Judge Keane said that the children are to return to their father’s current home after school on the first day and reside there for half the week before going to their mother’s for the other half of the week.

Judge Keane told the parties that the cases for the Protection Orders against each other will be heard in October.

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