A Father's Worst Nightmare

A father recently came to me and said that he had been prevented from having access with his young daughter because the mother made an allegation that he had sexually abused his daughter. His last contact with his infant daughter was prior to Christmas. We made an application for access, which was denied because the judge said he could not take any risks and he wanted a report prepared for the court. At the same time, the HSE became involved and they need to conduct what is called a Barr judgement investigation. Five months later we received a letter from the HSE’s solicitors stating that they are still completing their multi disciplinary investigation into the allegations and this will take several further months.

Obviously I am no expert in this but for what it is worth, I am absolutely convinced that there is no merit whatsoever in relation to the allegations being made against my client.

However, because the HSE are now involved and because the court will not take any risks, this little girl has had no contact whatsoever with her father for nearly six months and this period is likely to be extended by at least another three or four months. By the time my client gets to see his daughter again, he will be a stranger to her.

I have absolutely no difficulty with the fact that the allegation made in this case was of a sexual nature and therefore has to be fully investigated but I have a major problem with the fact that my client can protest his innocence as vigorously as he wishes and can point to the fact that there is not one shred of plausible evidence against him, but the slow moving wheels of justice must be allowed to turn.

You will recall in the recent Children’s Referendum that the State urged us all to vote yes because, they said, to do so protects children and gives wider powers to the grossly underfunded and overworked HSE in order to provide these further protections for our children.

It all sounds wonderful when it is part of a multi million Euro advertising campaign but when it comes down to practice, the reality is very, very different and is very, very worrying.

Brophy Solicitors