You can’t bring a Care Order unless both parents are inadequate. childlawproject.ie/wp-content/uploads/2014/10/Interim-report-2-Web.pdf Child Care Law Reporting Project – Dr Carol Coulter, October 2014 Page 19 Role of Fathers In another case the Child and Family Agency sought an Interim Care Order for a baby born prematurely whose mother had various serious difficulties and had another child in care. The child’s father had no such difficulties and his parents had offered the young couple a home and help in caring for the baby. During the case the judge said: “One of the factors here is that we have a father. You can’t bring a Care Order unless both parents are inadequate. The Child and Family Agency will have to prove his inability to look after the child as well. Will we be hearing this evidence from the CFA? The law as I understand it is, if the father is capable of looking after the child, that’s the end of the story.” In this case the Interim Care Order was refused and a Supervision Order granted instead, on condition that the baby live with the couple and the father’s parents. The CFA later supported an application for joint custody for the father, as the couple’s relationship appeared to unravel and the mother left the father’s home. Note - Despite the Judge at last properly reciting the law, i.e. You can’t bring a Care Order unless both parents are inadequate he gave himself jurisdiction to make a Supervision Order. Unless they presented such prima facie evidence to the court - of both parents of having failed morally or physically - when they notified the court of their intention to apply for an order under the Child Care Act, 1991 the Child and Family Agency had no standing and therefore could not give the Court jurisdiction to hear the case let alone make any orders. To have acted properly - and on his own understanding of the law- he should have simply struck out the application and so force the Child and Family Agency to comply with the law. The problem ultimately again lies with the Minister who is responsible for making the Rules. Order 84 for Child Care proceedings allows the Child and Family Agency to issue their Summons for various forms of Care orders without the Court having been given prior Notice and without the Court having authorised the Summons. It is a fait accomplis when the Child and Family Agency turn up with one parent in tow. The court starts hearing the case before establishing if it has jurisdiction - because it is not shown any prima facie evidence before listing the application. In short this is set up to be an ambush of the people who have lawful control of every child. The Rules do not even require BOTH parents to be given Notice!, only the one who they decide has physical custody and there doesnt need to be any evidence of either parent having been properly served with the Notice! And they claim that this Act can be used against an institution of the Family founded on Marriage! It is a complete legal trap that gives the State bodies unlimited power over parents and Families. The total contempt in the Rules for the rights of the parents strongly point to the fact that a Care Order can only be applied for where there is evidence of the parents having been found guilty of committing a crime against the child(ren). As we have already shown (in applications for so-called Domestic Violence Orders) it is only once due process in the criminal prosecution has been successful that the State has jurisdiction to interfere with the rights of a Family or a child using such threadbare procedures. In effect the issuing of a Child Care Order, like a Domestic Violence Order is merely an administrative act akin to the Suspending of a Driving Licence where there is evidence accumulated (from penalty points) that a person has failed to demonstrate they can dive safely. God Bless, Roger Eldridge Executive Director, Institute of Family and Marriage National Office: Knockvicar, Boyle, Co. Roscommon Email: [email protected] Telephones: 00353 (0) 7196-67138 00353 (0) 83-3330256 Chairman, National Mens Council of Ireland, - Doing what men have always done … protecting their Families, Faith and Freedom from attack by Big Business and Big Government
Posted on: Mon, 05 Jan 2015 18:18:48 +0000