A father who left his children in Ireland and returned to his home country may be pursued for criminal abandonment, the Dublin District Family Court was told yesterday.
While abandonment was not a criminal offence in Ireland, it was taken very seriously in the father's home country and he could be prosecuted for it there, a solicitor for the Child and Family Agency told Judge Colin Daly. The agency was considering whether to pursue the matter, he said.
The father left the State more than a year ago and left his young sons behind. The court was told while they were happy with their foster carers, they would prefer to be with their father.
Abandonment
A social worker said authorities in the father’s country told her the offence of abandonment could be pursued there no matter where in the world children were abandoned. If a complaint against the father was pursued it would mobilise social services and the police to find him, she said.
The agency had not received any contact from the father and he had not responded to emails, she said.
The boys’ court-appointed guardian said she had spoken to one of the boys’ adult siblings who said their father had been in touch and said he would travel back to Ireland for the full care order hearing for the boys next month.
The guardian said she was concerned about any possible delays to that hearing. The boys needed “stability and certainty” after “living in limbo” for more than a year. She also asked that the “highly intelligent” boys be allowed to speak to the judge in private before the full hearing.
Judge Daly said when deciding whether to pursue criminal action against the father, the agency would have to consider if it was going to drive the father “underground at a particularly sensitive time” as well as what was in the best interests of the children.
He extended the interim care orders for the children.
Threat to kill
Separately, a father who was denied access to his teenage daughter in care threatened to kill a social worker in court.
The father, representing himself, took an action to have monthly access to the girl. She had previously told Judge Daly she did not want to see her father but would accept letters from him. Her social worker said she had “adamantly refused” to see her father and it would cause her “a great amount of distress” if she was forced to. The father said he was “entitled to a relationship with his daughter”.
Judge Daly said it appeared the girl had been “quite traumatised” by access in the past and in her best interests he would have to refuse the father’s application. “That’s not good enough!” the man shouted and, into the face of the seated social worker he said: “I’m going to kill you!” He was escorted from court by a garda.
