Family Law Blog

Showing posts with label HSE. Show all posts
Showing posts with label HSE. Show all posts

Tuesday, June 11, 2013

HOW AN UNSCRUPULOUS IRISH MOTHER CAN PREVENT A FATHER HAVING ANY CONTACT WITH HER INFANT CHILD

If you are an unscrupulous Irish mother or for that matter an unscrupulous mother living anywhere in the western world, this is your lucky day! 

I have an absolutely fail-safe way of ensuring that the man you recently separated from never gets to see his children. It works every time. Take out your pens and pencils ladies – this is what you do:

First of all you have to take these steps before your child can talk properly, although that is not absolutely crucial. It does however help that the infant is so young that he or she cannot talk because if they can, they might tell the truth and then you could be in deep trouble.

The first thing you have to do is not change your child’s nappy properly for a few days. Undoubtedly a rash will develop. You then bring the child to your GP and you tell your GP that every time the child comes back from an access visit, he/she is upset and crying and always seems to be sore and irritated in the groin region. Then make a comment about how your ex used to watch pornography on his computer. You don’t actually have to go that far because in the current culture, the GP will almost certainly refer the matter on to the local health authority – in Ireland the Health Service Executive. 

The HSE will then appoint a social worker and because of government cuts and general under funding, nobody will be able to look into these allegations for several months. In the meantime you can just tell the father that the GP has worries and access has to come to an end. If the father takes the matter to court, a judge will say that he cannot take any risks and he has to await the outcome of a formal investigation. In Ireland, this investigation can easily take six months and more. Now ladies – will that work or won’t it? If you are happy with this advice and you want to make a financial donation to a worthy cause, make the payment to any separated man’s organisation. They will know what I am talking about. 

Finally, I am a lawyer, so here is my disclaimer. I know most women are absolutely fine and they wouldn't dream of making such allegations and I know war and pestilence are bad things but unfortunately they happen. And I know men can be wife beaters and child abusers. I know all that. I am just making one small point.

Kevin Brophy

Wednesday, May 1, 2013

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