The Supreme Court has ordered an Irish-born mother to return to Scotland with her two young children, whom she brought to Ireland two years ago claiming she was concerned for her own and their safety and welfare.
A divorce application by the husband and matters relating to the children are listed before the Scottish courts today. Ms Justice Denham said the matter came before the Supreme Court by way of an appeal from High Court orders made last February which decided the mother had wrongfully removed the children, now aged five and four. Having received undertakings on oath from the father, the High Court judge had ordered the children's return to Scotland. The mother appealed that decision to the Supreme Court.
Ms Justice Denham said the mother had alleged abusive and obsessive behaviour by her husband. She had described having to go to a woman's refuge with her children. She moved back to the family flat on August 22nd, 1996. Two days later, when her husband was absent, she had travelled to Ireland with the children. She alleged her husband was abusive to her and acted unreasonably. He alleged she was drinking to excess. The mother had left a note in which she said she needed "space and time". She said she would be "in touch sometime" and asked him to "please try and understand".
It was claimed on the mother's behalf that there had been acquiescence by the father to the children's removal and that the trial judge erred in finding there was no grave risk of physical or psychological harm to the children if they returned.
Ms Justice Denham said the husband wrote to his wife and the general tone of his letters was seeking reconciliation of the family, either in Scotland or Ireland. The judge said it was clear the harassment and conflict was between the parents. The father loved the children and wished to be part of their lives. The case had become more complicated and the children had been disadvantaged by the delay in hearing the case. The delay was not of the parties or the professionals involved. It was a delay which occurred in the courts. Ms Justice Denham said the Irish district court in 1996 had ordered that access by the father be supervised. There were incidents of confrontation between the parents and between the father and the mother's family. Unsupervised access had been allowed to the father but this was stopped as a result of a barring order from the district court and the father had not had access to the children since January this year.
Ms Justice Denham decided all issues fell to be decided in Scotland and the sooner this was done the better.
The father had given undertakings to make funds available to the mother, to vacate the Scottish apartment, not to communicate with the mother and to abide by whatever orders were made by the Scottish courts.
Mr Justice Lynch and Mr Justice Barron also dismissed the mother's appeal.