A 12-year-old girl was ordered to live with her father on an interim basis after Bray District Court found it probable that she had suffered, and remained at risk of, psychological harm linked to household violence.
In a judgment delivered on 29 August 2018, Judge Brian O’Shea extended the father’s interim appointment as the girl’s guardian and gave him day-to-day control. The court directed the Child and Family Agency to investigate the circumstances of the children, saying a supervision order might be appropriate. The proceedings were adjourned to 3 October 2018, when the agency was expected to indicate how long its investigation would take.
The girl, identified in the judgment only by initials, had lived with her mother and the mother’s husband, MB, throughout her life. Her parents had previously agreed access arrangements, but the court said she began staying beyond visits with her father and eventually did not return to her mother. The father had previously received interim guardianship on 4 July 2018. The judgment recorded a dispute over whether the mother had received notice of that application, but said the court made no finding on either parent’s credibility in reaching its conclusion that notice had probably arrived at the home.
The judge spoke with the girl privately in chambers, with the parents’ agreement and in the presence of a neutral adult. The court said her views were expressed freely and without coaching. She alleged that MB had sometimes assaulted her and had assaulted her younger siblings on numerous occasions. The mother and MB denied the allegations. The mother acknowledged that MB may have “smacked” the children. The judge considered the girl’s allegations probably true, while noting they could be false.
The court found that the girl’s emotional needs were not being met in her mother’s home and that she did not feel safe around MB. It also found that both parents could care for her and were willing to support her relationship with the other parent. The girl was to attend [School A], with a possible transfer to [School B] if a later order placed her with her mother.
The interim orders provide for the girl to see her mother three days a week for four hours each time, with her siblings present where reasonably possible. Maintenance payments were suspended until further order. MB was barred from direct or indirect contact with the girl until further order. The father must keep a diary of her school absences or lateness, with explanations and medical certificates where appropriate, for the court to inspect.
The judgment emphasized that these arrangements were interim. It said the girl should be told the outcome, but not the evidence behind it or speculation about what would happen next.