A three-year-old girl was taken screaming from her bed, and put into care of father she says abuses her
A LITTLE girl who has made allegations of sexual abuse against her father was removed from her bed while she slept and placed into his care ‘screaming and crying and pulling her hair in distress’, the Irish Mail on Sunday can reveal.
The father, a businessman, was granted custody last year, after the mother breached a court order to allow him access to the child – after she followed the advice of her daughter’s GP to keep her safe.
The father, who is under Garda investigation for the suspected sexual abuse of his daughter and also the alleged coercive control of her mother, was later granted custody following the breach, to the horror of the little girl’s mother.
In documents seen by the MoS, the girl, who is just three-years-old, was placed in her father’s care last year after the girl’s GP told the mother she did ‘not think [girl’s name] should be going to her dad’.
The GP told the mother not to allow the father access after the child made two separate allegations of sexual abuse, allegedly perpetrated on her by her father.
The doctor reported how she rang the girl’s social worker and also did a Tusla portal referral to update them on a ‘second disclosure from [girl’s name] to me’.
‘I have advised [mother’s name] to keep [girl’s name] with her in light of this disclosure. She says she is afraid to do so because of the court order,’ the GP wrote.
Other documents seen by the MoS show social and support workers had significant concern for the girl, after she made multiple allegations of sexual abuse against her father, in their presence.
One support worker wrote: ‘Given the number, continuity and seriousness of the disclosures, we remain seriously concerned about [girl’s name’s] safety and wellbeing.’
In another document, a Tusla social worker talked tentatively to the little girl about her feelings towards her father.
They described how the little girl said she feels sad when her dad ‘touches’ her in intimate places and describes him as ‘bad’.
It noted how the girl placed ‘happy and loving’ faces around a drawing of her mother, and a ‘sad’ face for her father.
In a separate document, another doctor who examined the little girl following her initial allegations, could not definitively determine if the child had been sexually abused but recommended ‘full Tusla and Garda investigations’.
However, some months later, the little girl was removed from her mother’s care by gardaí after the father secured an ex-parte court order.
According to the documents, the little girl was reportedly in great distress at being removed from her mother’s care.
One support worker with knowledge of the case commented: ‘Given her age, stage of development and the description of events I am concerned about the impact that this incident has had on [girl’s name] emotional welfare.’
The support worker also reported concerns about Tusla’s safety plan for the little girl and their communication, or lack thereof, with her distraught mother.
Speaking to the MoS, the girl’s mother said she is terrified that her daughter could be subjected to further alleged abuse.
She said that after Tusla contacted her ex-partner in relation to the abuse allegations, ‘his reaction was to apply for a protection order against me… and applied for full custody’.
Tusla referred the little girl for a medical assessment, following which, doctors contacted gardaí and recommended a full investigation. She was also referred to a unit for assessment by sexual abuse specialists, who said they were ‘very concerned’ about the case.
Up until the girl began making allegations, the mother stressed that court orders granting joint custody were being followed ‘without any issue’.
Last year, after the girl made the abuse allegation to her GP, the doctor advised her mother not to send her daughter for access to her father on two occasions.
But within hours of her following this advice, the mother received an Enforcement of Order Notice with a date to attend a district court.
In an email – seen by the MoS – the mother was told by her solicitor her attendance was ‘not required or expected’.
But at the hearing, the father applied for custody because of the breached court order.
Hours later, the gardaí knocked on the mother’s door, and to her ‘shock and horror’ removed her daughter from her care, to the little girl’s ‘tremendous distress’.
The mother recalled: ‘The Garda knocked at my door around 8:30pm and told me that there had been a hearing, and that my daughter needs to go with her father, who was standing there too.
‘I was very scared. All I was expecting from that hearing was an early date to come back to court as my solicitor told me by email.’
The little girl was taken from her bed, crying and screaming that she did not want to go with her father.
The mother later learned that, without any evidence to back up his claims, the father made allegations of abuse against her at the hearing she was told she was not ‘required’ to attend.
She said: ‘He requested my visit with my daughter should be supervised and the judge granted it for him.’
The mother sought an order to return the child to her care, which was heard by a different court.
Although this judge refused to make an order returning the little girl to her mother, she noted the case left her ‘with concerns about the lack of evidence in respect of the impact on [little girl’s name], given the long separation from her mother’.
The judge said she could see no evidence to explain why it was deemed necessary for the girl to be separated from her mother.
In queries to the State child and family agency, the MoS informed Tusla that this newspaper has seen documents from social workers – that were written after the court gave the custody to the girl’s father – asking if the team involved are ‘satisfied the Signs of Safety process remain sufficient in light of the new living arrangements’.
We also informed the agency we have seen internal emails asking for confirmation that the social workers’ report was handed to the court before the order to give the father full custody was made.
The MoS also asked what Tusla is doing to ensure the girl is currently safe, considering the allegations she has made but it would only say it ‘does not comment on individual cases’.
A spokesperson added: ‘When a child or family enters into a relationship with a public service such as Tusla, they are entitled to expect that information generated in that relationship is treated in confidence and remains private. This is critically important in the subject matters which Tusla is involved.’
‘We remain seriously concerned about her’
Judge refused to return the girl to her mother