A High Court judge has expressed concern after a man, who is seeking the return of his child from Ireland, publicly “advertised” details of family law proceedings in another country regarding his wife.
The man lodged child abduction proceedings in Ireland after his wife, who is Irish and has alleged physical and mental abuse during their marriage, took their daughter to the State from abroad last year without his knowledge.
At a brief hearing on Tuesday, Judge Nuala Jackson raised concern that the man had published an advertisement in a “newspaper” regarding legal proceedings in another jurisdiction relating to his wife.
The other country cannot be named due to reporting restrictions imposed, while the identities of parties involved are protected under family law.
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While the exact nature of the advertisement was not detailed on Tuesday, the judge described it as “concerning”, saying it “doesn’t read well”.
She noted the advertisement gave details of a hearing date, indicating that the proceedings were “progressing” in that jurisdiction.
The man’s barrister, Gráinne Lee, said her client had issued “personal status” proceedings in his country of residence.
Asked why the notice was published publicly, Lee said the woman was “refusing to engage” in those proceedings.
She said “all that was required” of the woman was to confirm she is a “non-Muslim and does not want these formal proceedings to apply”.
“Then it changes into proceedings for non-Muslims,” she said, telling the judge the woman was “just ignoring them”.
The issue was raised after an application was made by the man seeking in-person access to his daughter at a hotel in Northern Ireland.
The court previously heard the man had been refused a visa to travel to the Republic. He is awaiting a decision on an appeal of his visa decision, with his barrister describing the wait as “distressing”.
The court heard he planned to travel to Northern Ireland this week to see his daughter, but was awaiting a decision from the judge before undertaking the journey.
The girl’s mother is refusing his request. Her barrister, Agatha Clancy, told the court her client was “very fearful that the child will not be safe”.
Lee, however, told the judge the mother had “no interest in the child having a relationship with her father”.
Asked by Jackson what the mother was willing to facilitate, should the man be granted a visa to travel to the Republic, Clancy said her client would permit in-person access if it was “supervised by Tusla” or a court-approved alternative.
The judge said her “absolute priority” was the safety and wellbeing of the child concerned, who she believed should have an opportunity for contact with “both parents”.
While she was “not saying ‘no’” to the father’s application to facilitate in-person contact in Northern Ireland, Jackson said she had “concerns” about access taking place in another jurisdiction “in all of the circumstances”.
She adjourned the matter to a later date.
