Tug of Love toddler sent back to Ireland without his mother

5-year-old flies from Chicago to father’s arms after custody battle

By

LAURA BRYN SISSON,

Irish Voice Reporter

Larger Text

Print

E-mail

25 Comments

Mary and Jack Redmond

Photo by Family handout

Tweet

Planning to leave the country before Derek’s custody hearing, Ms. Redmond was stopped at  Dublin airport by Gardai on April 8, 2008, as per an ex parte Order requested by Mr. Redmond. Ms. Redmond was allowed to leave the country after the hearing.

A complex legal battle ensued in the Irish Court system as to whether Ireland had the jurisdiction to decide custody for Jack, which the Irish High Court decided it had in November 2008.

In January 2009, Ms. Redmond acknowledged the Irish court’s jurisdiction over the matter and applied for permission to remove her son permanently to the US.

Her application was heard at the same time as Mr. Redmond’s custody request. The Irish court consulted a family therapist/psychologist, who interviewed the child, both parents, the parents’ siblings, and the child’s grandparents, according to court documents. The psychologist recommended that Jack live in Ireland and have an ongoing relationship with both parents.

At this time, Ms. Redmond swore under oath that she would return to Ireland with Jack by March 2011. She admitted to the federal court last month that she never had any intention of keeping that promise, according to federal court documents.

Ms. Redmond instead filed for sole custody in the Circuit Court of Cook County, Illinois.

The Illinois court granted Ms. Redmond’s request for an emergency order of protection against Mr. Redmond, based on Ms. Redmond’s testimony that Mr. Redmond had threatened her life, dangerously held their child by his neck, and removed the child from the care of a babysitter and driven the child without a car seat while intoxicated. Mr. Redmond was not present for the proceedings to defend himself against the allegations.

The order of protection solely applied to Ms. Redmond’s stated fear that Mr. Redmond would abduct the child while court proceedings were still ongoing in Illinois, but was extended briefly to allow for Ms. Redmond to apply for a similar protection in an Irish court, which Ms. Redmond has not sought.

Mary Redmond told the Irish Voice that she worried Derek would abuse her son upon his arrival in Ireland.

“I just don’t want [Derek] hurting this little boy,” she said.

Mr. Redmond’s lawyer said that the abuse allegations had been considered by the social worker in the Irish investigation, and that the “court didn’t have a concern about it.”

The Illinois court also acknowledged the Irish court’s jurisdiction in the matter, as Mr. Redmond filed for custody within six months of his son leaving Ireland, before the child’s residence in Illinois could be legally habitual.

Mr. Redmond filed a petition for his child to be returned to Ireland under the Hague Convention on December 1, 2011.

The Hague’s June 19, 2012 decision required both Ms. Redmond and her child to return to Ireland; the judge said verbally, according to Ms. Redmond’s lawyer, that another family member could accompany the child.

Print

E-mail

Tweet