Judge overrides mother’s refusal to allow gardaí interview son

A judge has invoked special powers to give gardaí permission to interview an 11-year old boy over allegations that his mother beat him with a cricket bat.

The mother has to date refused to allow gardaí interview her son over his allegations of physical abuse, verbal and emotional abuse against her.

Friday's order by Judge Patrick Durcan overrides her refusal.

At the Family Law Court in Ennis, Co Clare, Judge Durcan used section 47 of the Child Care Act 1991 granting gardaí permission to interview the boy.

In April, the boy was brought into care following an emergency care order application by Tusla, the Child and Family Agency, after he told social workers of the alleged physical abuse he was suffering at the hands of his mother.

The boy alleged to a Tusla social worker that his mother hit him on the head and body with a cricket bat when he did not tidy up his bedroom.

Lying

The social worker told the court that when asked about the alleged assault, the mother denied it and said her son was lying.

Solicitor for Tusla Kevin Sherry said the purpose of the section 47 application was to enable gardaí to interview the boy.

“We are attempting to assist the gardaí to enable them to interview the boy because my clients feel that it is in the child’s best interests that this matter is investigated.”

Refusal

A garda told the court in evidence that the boy made the disclosures concerning the alleged abuse to social workers and the social workers passed on the information to the Garda Síochána.

The garda said she has not yet spoken to the boy due to the mother’s refusal to give consent.

Judge Durcan said he would grant the application to enable the boy be interviewed without the consent of either parent.

The boy’s father – who does not live with the mother but pays maintenance for his son – was present in court. The boy’s mother did not attend and was not legally represented.

The boy remains in care and Judge Durcan extended the interim care order for him to June 6th.