Judge allows gardaí to interview two girls, aged 4 and 6, over alleged physical abuse by mother
A judge has invoked special powers to give the gardaí the go-ahead to interview two sisters, aged six and four, over allegations that their mother has been physically abusive towards them.
The mother has to date refused gardaí permission to interview her two daughters over their allegations of physical abuse against her.
However, the order used under Section 47 of the Child Care Act 1991 by Judge Patrick Durcan at the Family Law Court in Ennis now over-rides her refusal allowing the gardaí to interview the two.
Judge Durcan’s order follows him making a similar order at the Family Law court in May allowing gardaí to interview an older brother of the girls over allegations that the mother hit him with a cricket bat on the head when he didn’t tidy his bedroom.
The mother has denied all allegations of physical abuse.
At the Family Law Court in Ennis, solicitor for the Child & Family Agency (CFA), Kevin Sherry said that the two girls “have been forthcoming with various allegations of physical abuse against their mother”.
He said: “The gardaí want to interview the children as part of their investigations and the mother has refused to give her consent for them to be interviewed and my clients are looking for her consent to be dispensed with to allow the Gardai commence their investigations.”
Solicitor for the mother told the court that her client has no objection in principle to the interview taking place.
She said: “We are consenting on the basis as to whether or not a guardian will be present and the mother is the only guardian; how many gardaí will be interviewing; if it will be videoed and if there will be video evidence made available.”
In response, Judge Durcan said that would make an order to allow gardaí to interview the two girls without the consent of the mother.
He ordered that the gardaí provide how the interviews will be in conducted in writing to the mother’s solicitor 14 days in advance of the interview taking place.
Earlier this month, Judge Durcan granted an interim care order to the CFA for the two girls after hearing that the girls had locked themselves into a bathroom in a relative’s home over fears of being returned to their mother.
The children remain with their relatives and the social worker told the court hearing: “The concern is that the children don’t wish to return to their mother and if they did so, we would have concerns about their safety.”
In the case, the mother unsuccessfully opposed the interim care order application.
She said: “Only for my kids, I wouldn’t be here at all and now they are being taken away from me.”
The social worker in the case stated that the mother has consistently denied that she used any violence against her children.
The social worker said: “The mother is adamant that all of our concerns were not true; that she never hit the children or shouted despite all children repeatedly reporting that this was so and distressed about that.”
In evidence, the mother told the court that there has been no physical abuse of the children by her.
She said: “There are times there when I've found it hard to get them to do things but I never used physical abuse. I would give out to them."
