Care order granted for toddler after domestic violence incident

An interim care order for a toddler, taken from his parents after his father broke his mother's jaw, was granted at the Dublin District Family Court yesterday.

After the domestic violence incident earlier this summer, the father absconded with his son and was later arrested by gardaí, Judge Deirdre Gearty heard.

The Child and Family Agency then applied for an emergency care order for the child.

A social worker said both parents had a history of drug and alcohol abuse, and the mother had not seen her son since he was taken into care, having failed to turn up for appointments with the agency.

The father had attended six access visits and missed three, partly because he could not afford the bus fare to the agency’s office.

The social worker said she had since given the father a letter so he could receive a supplementary payment to meet his bus fare. She agreed he and his son had a positive bond.

Judge Gearty noted the father had obtained a sole custody order for his son in 2014: “If he wants to be a sole carer, he knows what he has to do.”

A solicitor for the mother said his client had missed appointments with the agency because she received a broken jaw in the domestic violence incident.

Confidence eroded

“She lost confidence and didn’t want to go out in public,” he said.

The social worker said she had not spoken to the mother about that as the mother did not have a phone.

The solicitor said that was because his client’s handbag was stolen from her temporary accommodation.

Judge Gearty told the social worker to ensure the mother had her contact details to arrange an appointment.

She extended the interim care order for the boy for 28 days and continued a direction that the parents should not be told where their son’s foster carers live.

In a separate case, the maternal grandmother of a toddler in care applied for increased access to her granddaughter.

The court heard that when the child was born, both parents had drug-addiction problems and the agency put a care plan in place for the infant.

Under the plan, the grandmother visited the parents’ home for four hours every day to ensure the baby was cared for properly.

But after a few weeks, the relationship between the grandmother and her daughter broke down and the visits ceased. Neither parent was present in court.

Grandmother’s application

The grandmother told Judge Gearty the agency decided the parents were doing well enough and they “backed off”. But, towards the end of 2014, concerns were raised again and the infant was taken into care.

The grandmother said that, as soon as she found out, she applied for access to the child. She was given supervised access once a fortnight, but this was reduced to once a month, though the visits went well.

“I have major concerns with their honesty in this matter,” she said. She told the judge she wanted a court order for visits three times a month.

The social worker said access was “positive and productive”, but should remain at the discretion of the agency.

He recommended once a fortnight, to be reviewed in eight weeks and said access needed to be at the toddler’s pace. He said the grandmother had “historical issues” with the agency.

“She has been quite adversarial with me,” he said.

Judge Gearty said that was not unusual and she would not dwell on it. What was best for the child was what mattered.

She directed access at the discretion of the agency, but no fewer than three visits per calendar month, to start in September.