THE welfare of two children was paramount in a case in which the natural father is opposing the making of an adoption order because he claims his access to the children would be affected, the Supreme Court held yesterday.
The Chief Justice, Mr Justice Hamilton, in his judgment said the children lived with their natural mother who had married and the couple wanted to adopt the children.
The natural father had been granted access to the children.
Mr Justice Hamilton said the natural father did not wish or intend to seek to alter the present custodial arrangements with regard to the children, who were with their mother.
He wanted to enjoy his right of access to the children which would be affected by the making of an adoption order.
The natural father wished to be appointed guardian because an adoption order could not be bade without his consent.
Mr Justice Hamilton said the natural father and mother enjoyed a relationship between 1981 and 1992.
A daughter was born in 1982 and a son in July, 1991. The couple resided together as a family for six years before 1992 and then separated.
The mother married in 1993. She and her husband applied for the adoption of the two children. The natural father enjoyed a reasonable relationship with the mother and her husband, who did not seek to deprive him of access to the children.
Following an application to the District Court in 1993, the natural father was granted liberal access to the children and had continued to exercise his right which the mother and her husband wished to have continued.
Judge John P. Clifford at Cork district Court in November, 1993, refused the natural father guardianship of his children. He appealed to Circuit Court Judge Patrick Moran who, having heard the facts, submitted questions of law for the Supreme Court's consideration.
Mr Justice Hamilton said the Adoption Board indicated it would not make an adoption order in favour of the natural mother and her husband until the access order made by the District Court was vacated.
The natural father intended to oppose the making of an adoption order but not to oppose the children's present custodial status.
Mr Justice Hamilton said the natural father had no right per se to be appointed guardian of the children.
Before considering the natural father's wishes, the court had to consider whether the welfare of the children would be better to an important extent if an adoption order were made rather than by a continuance of the existing arrangements.
The Supreme Court held that the Circuit Court Judge, when deciding the natural father's application to be guardian, should take into account the pending application for adoption, particularly in circumstances where the natural father is not seeking to change the custodial status of the children.
Mr Justice O'Flaherty, Mrs Justice Denham, Mr Justice Barrington and Mr Justice Murphy agreed with the Chief Justice's decisions on the questions of law submitted by the Circuit Court Judge.