Many of you will be aware of the recent case involving a Rebecca Minnock, who disappeared with her child Ethan after a judge ruled that he should live with his father.

The mother’s partner and mother were both jailed for contempt of court after lying about their knowledge surrounding the disappearance. This case has received a lot of press and social media attention, meaning that lots of different versions of events have been created, not all of those being true.

There are some facts that can be ascertained by reading the published judgements in this case. The parents separated in February 2013 and Ethan remained with the mother. In March of the same year, father applied to the court for contact. In August 2013 the court ordered contact with mother to also be present. There were allegations from mother that father took drugs, this he denied.

A report was ordered from an independent organisation, but in October 2013 contact broke down. In November 2013, an assessment of father was ordered by an independent organisation and in January 2014, mother made further allegations against father.

In April 2014 at a hearing, the Judge rejected all the allegations made by mother and a contact order was made. In February 2015, mother alleged further harm by father, all of which were again rejected by a Judge.

The judge also found as a fact that mother had fabricated the allegations to disrupt contact with father. There was an order that Ethan should spend 4 nights per week with father and further professionals started their involvement in the case. This included a child psychiatrist who recommended that Ethan should live with father and have supervised contact with mother.

In May 2015, a hearing took place over two days, mother did not attend. The Judge found that Ethan had been exposed to emotional harm by the mother and she had breached court orders. The case was transferred to a Circuit Judge with High Court authorisation, by this point mother had disappeared with Ethan and was deemed as being ‘on the run’.

In total, Ethan and his mother disappeared for 17 days with mother handing herself in to police on the same day her partner was imprisoned for contempt of court. With the facts being as they are, that this mother was found to have exposed Ethan to emotional harm and breached court orders, it is understandable why his father was so deeply worried for his safety.

Of course as lawyers we come across parents who are trying to work out contact between them and sometimes, arrangements don’t go in somebody’s favour. As professionals, we promote mediation and the Court now will not allow an application to be heard by a Judge without having first attended at least one session. This helps iron out any disagreements with a hope that something can be arranged without having to go into the Court arena.

The Family Court is interested, primarily in the child’s welfare.