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‘Serious consequences’ for ignoring child-court orders

President of the District Court Mr Justice Colin Daly has issued advice on child-access arrangements during current level five restrictions.

Access ordered by the District Court must be facilitated unless it causes a real and substantial risk to a child’s health or safety.   

"If it is not safe to continue access as ordered, then try to agree what access can happen safely," he has said to parents of children who are the subject of access orders.

The president’s short advice is in general terms as each family’s circumstances are different.

“Even where there is an access order of the District Court, parents are responsible for making decisions regarding the safety of their children. You are expected to make sensible and reasonable decisions for your child’s safety,” he said.

Parents are reminded of the importance to their child of access to their other parent.

Risk

Travel restrictions do not apply to access visits and this is not a reason to stop access over this period of greater restriction, parents have been told.

However, travel for children between households can mean greater risk to the child or to other vulnerable family members.

“You should be able to take a common approach between your two households to public-health guidelines to make lives easier and safer for your children and your families,” said the District Court President.

“Discuss with each other what the new and increased level of restrictions will mean for you and your children over the next six weeks.

“Ensure that access continues wherever possible and that court orders are followed.

“Remember there may be serious consequences if a parent is found not to be supporting access as ordered with the other parent.

“If it is not safe to continue access as ordered, then try to agree what access can happen safey.

Alternative

“If you can both agree an alternative, then it is okay to do this until the level of restrictions falls back again when access, as ordered, should resume.

“Keep a note of your agreement in writing, in an email or by text.

“If it is not possible to follow the court order, remember there are many ways to keep in contact, especially through phone calls and video chats, but keep in mind that children may have a short attention span for these activities and these are only a substitute for face-to-face contact,” he continued.

The Legal Aid Board's family-mediation services remain open for those who need help with arrangements, and are free, with no payment required.

Blend

Mediation services are being provided through a blend of office, online and phone-based mediation. Mediation can help resolve issues with parenting plans, access and maintenance. 

For more information, go to www.legalaidboard.ie. For Dublin, email: dolphinfamilymediation@legalaidboard.ie or tel: (01) 672 5886.   

Those who cannot agree an alternative or come to a solution can make an application to their local court office for a court hearing to vary or change the access order.