Mother and friend deny Tusla claims of disruption to its efforts to care for children

Child and family agency says teenage siblings in its care for some time but due to alleged interference arrangements have broken down

Due to alleged interference, Tusla last week obtained a temporary High Court order restraining the mother’s friend from having any contact with the teenagers. Photograph: Bryan O Brien
Due to alleged interference, Tusla last week obtained a temporary High Court order restraining the mother’s friend from having any contact with the teenagers. Photograph: Bryan O Brien

Claims that efforts by Tusla, the child and family agency, to care for teenage siblings have been severely disrupted by their mother and her male friend have been denied.

Tusla claims the teenagers have been in its care for some time, but that due to the alleged interference of their mother and her friend, arrangements the agency put in place, including fostercare placement for the siblings, have broken down.

This was due to the pressure being put on the foster carers, the court heard.

The parties involved in the case cannot be identified by order of the court.

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As a result of the alleged interference Tusla last week obtained a temporary High Court order restraining the mother’s friend from having any contact with the teenagers.

The agency only obtained orders against the mother’s male friend in the hope that the injunction would encourage the teenagers’ mother to work with the agency to achieve the best outcome possible for the children.

When the matter returned before Monday’s vacation sitting of the High Court, Ms Justice Emily Egan was told that both the children’s mother and her friend dispute much of the agency’s claims.

Mary Phelan, for Tusla,said it was agreed that the case be adjourned to later this month to allow the mother and her friend, who are not legally represented, to reply to the claims, and obtain legal advice.

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Counsel said that Tusla was, in the interest of the two children, seeking to have the order against the man continued until the matter returned before the court.

The man said he could not consent to this and said that there was “no evidence” to support the claims that the contact was harmful to the siblings.

He said continuing the order would be “unfair”.

He asked the judge to let the teenagers return “to their mother,” and voiced his unhappiness about how the mother’s concerns have been handled by the courts and Tusla.

The teenagers’ mother also expressed her concerns about her children.

Ms Justice Egan said she was satisfied from the evidence put before the court to continue the orders restricting the man from contacting the teenagers.

The judge said she could not hear oral evidence from the mother and her friend, and that their response to the agency’s action needed to be written down and put in an affidavit to the court.

The judge also encouraged the mother and her friend to seek legal advice on the matter.

The case was adjourned to a date later this month.

In its action Tusla claims that the teenagers, after receiving multiple communications from their mother and her friend, had not co-operated with their foster placements.

On one occasion, it is claimed they were instructed not to eat any food prepared for them by their foster carers.

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One of the siblings did not eat for five days as a result of the communications, Tusla claims.

The teenagers’ mother, who is allegedly homeless, and the man are not supposed to have any contact with the teenagers.

The mother and the friend had turned up at the teenagers’ school, Tusla claims.

An order was made in the District Court restraining her and her friend from contacting them.

The agency says that it wants to put agreed access arrangements in place with the teenagers’ mother, and that its ultimate goal is to reunite families.

The agency claims that this has not been possible due to the mother’s refusal to co-operate with it.

Tusla claims it has tried to work with the mother, however it says that its efforts have been hindered by the male friend’s apparent “domineering” influence on the mother.

Tusla says the teenagers were taken into care by it some time ago, and removed them from their mother due to “emotional abuse”.

The mother had left the children on their own at a premises where they had resided for long periods before the agency intervened.

The court heard that the teenagers’ mother wants them back and had sent messages to various officials claiming that they were wrongfully taken from her and were being mistreated and “tortured” in care.