The High Court is considering whether Tusla, the child and family agency, should investigate the welfare of a young girl at the centre of an alleged parental abduction case.The child’s father, who lives abroad and is not from Ireland, launched child abduction proceedings seeking his daughter’s return to his country of residence, claiming she was brought to Ireland by her mother without his consent late last year.The country in question cannot be identified due to reporting restrictions imposed by the court, though it is not a signatory of The Hague Convention, one of the main legal frameworks for dealing with international child abduction cases.The child’s mother, who is Irish, has alleged her husband subjected her to physical and mental abuse during their marriage. The father denies these allegations.Under section 20 of the Child Care Act 1991, a judge can ask Tusla to investigate a child’s circumstances, including their welfare and safety, and determine if interventions – such as a supervision order – are needed. A supervision order would give Tusla the authority to visit and monitor the child at their home for up to 12 months, a period which could be extended if deemed necessary.The mother’s solicitor told the High Court on Tuesday that a section 20 report would “be of great assistance” to the court and “would safeguard [the child’s] best interests moving forward”. The solicitor said it “could only aid” the court if “an independent childcare professional would carry out an assessment” to deem if a supervision order is needed.However, the father’s solicitor said the application was “misconceived”. The man’s solicitor said the case centred on whether the child should be returned to another country, a place where Tusla does not have jurisdiction.His solicitor said the mother “has not been cross-examined yet”, something that needs to happen “before any determination” is made by the court. She accused the mother’s legal team of seeking to “usurp the function of the court” so that the judge “would be bound by any determination that Tusla would make”.The mother’s solicitor denied this, saying the court would not “be bound by any direction” from Tusla. “It is certainly not the case that we are seeking in any way to tie the hands of the court,” she added.The solicitor said her client has alleged that “significant violence” was perpetrated against her by her husband, including some incidents when she was holding their child at the time.The woman’s solicitor told the court Tusla has been “engaged in the matter for about a year”. If she is successful in arguing the child should remain in Ireland, the solicitor said “it is entirely appropriate the court would be assisted by Tusla”.The judge said she was “at a loss” to see how a section 20 report was appropriate at present as the father “can’t come” to Ireland, and a supervision order, if deemed necessary, “clearly cannot be exercised outside the jurisdiction”.The judge said there was no indication the mother “needs to be supervised”. She said, if the court rules that the child should remain in Ireland, then a supervision order may be required.The mother’s solicitor said she believed a section 20 report was necessary now as the father may have “access to the child” in Ireland before the case comes before the court again in September.The judge said she will make an ex tempore decision on the matter on July 28th.
High Court considering if Tusla should investigate welfare of child in alleged abduction case
Girl’s father claims she was taken to Ireland without his consent last year
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