Mother sentenced to two months over custody battle

John Downes, News Investigations Correspondent

A young mother has been sentenced to two months in prison after she refused to comply with a court order granting her former partner access to their children.

In what is believed to be the first case of its kind, the woman has been released on bail pending an appeal, but has been warned she will be sent to prison if she continues her protest against the decision of the court.

The case has been before the courts for a number of months and revolves around a dispute between the parties relating to access and custody issues. Details cannot be revealed for legal reasons.

The court had previously granted unsupervised access of their children to the woman's former partner, who has successfully argued in court that his children have a right to spend time with their father.

The issues at the centre of the dispute between the pair have previously been investigated by the authorities, with the findings presented in court. But the woman is understood to be adamant she will not accede to the court order unless the outstanding issues between the pair are addressed. This is despite the fact she would be separated from her children, with her former partner gaining de facto custody. She is understood to be aware she is in breach of the law in refusing to comply with the order.

The woman's solicitor said she could not discuss the contents of the case. However, the Sunday Tribune has independently established that the woman was sentenced to two months in prison earlier this week.

Experts with knowledge of the issues surrounding the case expressed concern that she now faces jail and separation from her children.

They stressed the importance for a child to have regular contact with both parents. But they also said the case highlighted the lack of child-centred facilities for separated parents to access their children in a "stress-free" environment.

March 29, 2009

Comments

#1 dk commented, on March 30, 2009 at 12:13 a.m.:

This failure to comply with Court Orders has been going on for years and men especially have suffered terribly at the hands of arrogant mothers who refuse to comply with Court Orders.Many men have turned and walked away because the courts with not enforce such Orders. At last Justice has prevailed.

#2 mm commented, on March 31, 2009 at 1:27 a.m.:

The previous comment may be fair in some cases,but maybe in this case due to Previous investigations the "motherly instinct" for the safety of her children has triggered this protest against the decision of the court.

#3 RB commented, on April 1, 2009 at 11:34 a.m.:

Its so sad this family is torn apart like this. As parents we have a God given responsibility to love and protect our children. We do not know all the details of this case, so we should not judge this mother in a negitive way. This women must have a great fear in her heart for her children.

#4 R. Pearson commented, on April 1, 2009 at 10:39 p.m.:

Family Law is a joke. Ever since its inception countless families have suffered under its secretive adversarial process, pitting one parent against the other (sometimes with tragic results) for the prize of children, family home etc. The incompetence of the so called 'experts' is conveniently hidden under the over-used In Camera rule. Maybe that woman has 'great fear for her children' or maybe she's a arrogant narcist who thinks she is above the law. We will never know, thanks to the secretive In Camera rule.

#5 AJ commented, on April 1, 2009 at 11:30 p.m.:

I found comments from dk quite offensive,not all mothers are arrogant as not all fathers are arrogant. How can DK know that justice has prevailed in this case? I think it is disgracful to send this mother to prison,while punishing the mother, the courts will be guilty of punishing the children a 100 fold.Surely these family cases should be settled outside court rooms.

#6 B commented, on April 2, 2009 at 4:58 p.m.:

Cases like this go on day in day out inside the family law courts. The family law system is an utter Joke. Mothers and Fathers are not treated equaly. Up until this story a mother can do and say pretty much whatever she likes and get away with it. As soon as a father breaches a court order, for example, fail to pay maintenance, then he is sent to prison. Some mothers make false allegations against their ex partners in an attempt to frustrate contact and this is rarely investigated and just acted upon by a judge or professional.
The only people being protected by the incamera rule are the judges that hand down inhumane orders, depriving children of equal contact and their God Given right to be loved by both parents. In a way it's a positive step to see stories like this coming to light, because this form of misery and abuse of our children has been going on for too long . . . . when is the suffering ever going to stop?

#7 ec commented, on April 4, 2009 at 3:36 a.m.:

surely this case could be settled out of court-to sent a young mother to prison is utterly discraceful ,also how can the "father" live with himself knowing this !!!I'm appalled

#8 ally commented, on April 4, 2009 at 11:51 a.m.:

i do know of this case and ego and narcissism are at the root of it as well as a huge desire for revenge.as a single parent myself,i find the mothers actions deplorable,and in no way caring for the childs best interests.as a woman i do agree that the law treats men unfairly,biased as it is.this mother is not a martyr.the sentence must stand.

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