A judge has warned an atheist father he could face jail if he fails to present his son at his mother’s home ‘in good order and not upset’ on the morning of his First Holy Communion.
At the Family Law Court, Judge Alec Gabbett also directed that the father ‘have no discussion about the Sacraments’ with his son on the night prior to the day.
Judge Gabbett made his order in response to concerns of the boy’s mother. 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.’
A judge has warned an atheist father he could face jail if he fails to present his son at his mother’s home ‘in good order and not upset’ on the morning of his First Holy Communion or face the prospect of prison (Pic: Irish Prison Service)
The woman said 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 order, the father ‘could well be going out the side door of this court to Limerick Prison’.
The judge said he was willing to take a bet on the father’s compliance with his court order around the Communion day.
As part of his order, the judge has directed that the father attend the church, after the father stated that he would be attending the Communion celebration at the church (Pic: Stock, Getty)
Solicitor William Cahir, for the father, said 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 Mairéad Doyle, for the mother, said: ‘I don’t think so, judge.’
Mr Cahir said he wasn’t pushing the issue. Judge Gabbett told the solicitor: ‘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, the judge 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 Ms Doyle was seeking a change to the usual agreed weekend access, to allow the son to reside with his mother the night before the Communion. The solicitor described her application as an ‘urgent issue’.
The case came before court as Ms Doyle was seeking a change to the usual agreed weekend access, to allow the son to reside with his mother the night before the Communion (Pic: Stock: Getty)
The boy is scheduled is to go to his father’s house at 4pm the day before the Communion.
Ms Doyle told the court that residing with his mother from the night before would allow her to 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’.
As part of his order, Judge Gabbett directed that the father collect his son from the hotel after the Communion at 4pm ‘to go off, do your own ice creams. (Pic: Stock, Getty)
The solicitor 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 allowing the boy to 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 be picked up on the morning of the Communion and stay with his father the night before.
As part of his order, Judge Gabbett 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 she had written to the father’s solicitors in December and February concerning the Communion access.
She said the child has been Christened, participated in the Holy Communion programme and had his first Confession.
Mr Cahir said his client was not objecting to his son making his Communion and his preference ‘is that his son would make up his own mind’.
The father told Judge Gabbett: ‘I am atheist to the Christian God’.