A Dublin father has asked the Circuit Family Court to overturn a refusal to provide his legal team with a parenting capacity assessment concerning the mother of their two young children before a proposed full care hearing.
The children, identified as M.S. and E.S., have been in the care of the Child and Family Agency under interim orders since shortly after their births in 2022 and 2023. The Agency intends seeking care orders under section 18 of the Child Care Act 1991 which could remain in force until each child turns 18.
A parenting capacity assessment of the mother, E.S., was completed in July 2024. The father, L.M., sought disclosure to his lawyers, arguing that the report would form part of the Agency's evidence and that withholding it would prevent proper preparation, legal advice and cross-examination.
The District Court refused his application under section 47 of the 1991 Act, prompting the Circuit Court appeal.
The Agency accepted in its submissions that the assessment was relevant to issues the court would determine and said the starting point was that all parties should have access through their lawyers. However, it argued that disclosure could engage competing constitutional rights and that those rights had to be balanced on evidence.
The mother opposed release. Her lawyers argued that the report contained deeply private psychological and neuropsychological information and referred to domestic violence orders involving the father. They contended that a summary could protect his procedural rights while reducing risks to her privacy and wellbeing.
The guardian ad litem emphasised the need to resolve the issue quickly because the dispute had delayed longer-term decisions for both children.
The supplied judgment text ends during the guardian ad litem's submissions and does not include Judge Jennifer O'Brien's analysis, conclusion or final order. Accordingly, the outcome of the appeal cannot be stated from the material provided.