The High Court has found that a 10-year-old boy is lawfully in the care of the Child and Family Agency and rejected his mother’s contention that he was being unlawfully detained.
Mr Justice Brian Cregan delivered judgment on July 8 after reopening consideration of a habeas corpus application originally prepared in 2023. The child and his mother are identified only as N.B. and P.B.
N.B. was first taken into care in February 2016 under an order of Dundalk District Court. A full care order was later made in July 2017 under section 18 of the Child Care Act 1991, to remain in force until he reaches 18.
His mother appealed that order. Following a three-day hearing in 2021, Dundalk Circuit Court affirmed the care order after hearing evidence from social workers, a consultant psychiatrist, a guardian ad litem and P.B. herself.
In the present proceedings, P.B. alleged that her son had been taken unlawfully and was being held in false custody. The Child and Family Agency disputed those claims and provided the court with the history of the care proceedings and orders.
Principal social worker Eoin Redmond told the court that N.B. was happy and settled with his foster family and had developed strong attachments there. He also said there had been no access between mother and son since January 2019 because of concerns arising during previous visits, although the agency had offered regular meetings and telephone updates to P.B.
Mr Justice Cregan confined his decision to the narrow question required in habeas corpus proceedings: whether N.B.’s detention or care was lawful.
He concluded that the District Court and Circuit Court had made valid care orders and that N.B. was lawfully in Tusla’s care. The ruling does not determine future access arrangements. The judge said P.B.’s proper route if she wants greater access is a fresh application to the District Court.