*The case was heard before the Family Law Court.
A JUDGE has directed that an Atheist father present his son “in good order and not upset” at 9am at the home of his mother on the morning of the boy’s First Holy Communion.
At the Family Law Court, Judge Alec Gabbett has also directed that the father “have no discussion about the Sacraments” with his son on the night prior to him celebrating his upcoming First Holy Communion.
Judge Gabbett has made his order in response to concerns expressed in court by the boy’s mother that the father may influence his son not to celebrate his First Holy Communion.
The couple are estranged and share custody of their children and the mother told the court, “I am afraid he will influence our son into not having the Communion.”
The woman said that her estranged partner would bring their son to her home on the morning of the Communion but expressed concern that the boy would be crying on arrival.
In response, the father told the court, “I don’t want my child crying – I am not here to upset my child.”
Judge Gabbett warned the father that if the boy turns up at his mother’s upset on the morning of the Communion in breach of his court order the father “could well be going out the side door of this court to Limerick prison”.
Judge Gabbett said that he was willing to take a bet on the father’s compliance with his court order around the Holy Communion day.
Solicitor, William Cahir for the father said that his client would like to join his son, his ex-partner and her family for a post Communion celebration meal at a local hotel that has been booked.
In response, solicitor, Mairead Doyle for the mother said, “I don’t think so judge” and Judge Gabbett agreed stating that such an arrangement “could just break the camel’s back”.
Mr Cahir said that he wasn’t pushing the issue.
Judge Gabbett told Mr Cahir, “If we didn’t have the row about the morning I think for your client’s sake let’s just leave it at that because we could break down everything.”
As part of his order Judge Gabbett has directed that the father attend the Church after the father stated that he would be attending the Communion celebration at the Church.
The father told the court, “Wherever my son is I would like to be there”.
The case came before court as solicitor, Mairead Doyle for the mother was seeking a change to the usual agreed weekend access to allow the son reside with his mother the night before the Communion. Ms Doyle described her application as an “urgent issue”.
The boy is scheduled is to go to his father’s house at 4pm the day before the Communion and Ms Doyle told the court that residing with his mother from the night before would allow her prepare him for his Communion “and she is fearful that her former partner may influence his son and he may change his mind and not to make his Communion”.
Ms Doyle said, “My client could be there at the Church all dressed up and if any issue arose her son may not appear. It would be devastating.”
Ms Doyle said that allowing the boy reside with his father the night before “would cause huge additional upset” to her client.
In response, Mr Cahir said that it is his client’s preference that the boy was picked up on the morning of the Communion and stay with his father the night before the Communion.
As part of his order, Judge Gabbett has directed that the father collect his son from the hotel after the Communion at 4pm “to go off do your own ice creams and do whatever you want and hopefully you will get the day for it”.
Earlier, Ms Doyle said that she had written to the father’s solicitors in December and February concerning the Communion access.
Ms Doyle said that the child has been Christened, has participated in the Holy Communion programme and has had his first Confession.
Mr Cahir said that his client was not objecting to his son making his Communion and his client’s preference “is that his son would make up his own mind”.
The father told Judge Gabbett, “I am Atheist to the Christian God”.
