Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

I thank the Ceann Comhairle for allowing me to raise this issue. It is an important issue and I thank the Minister for coming into the House to address it. I know this family well. In a family law procedure, both sides have an opportunity to make their case and have it challenged. In the case of this particular woman, she was greeted with a child psychology report, which was accepted without challenge. She was never given an opportunity to challenge it. The Minister and I have been in courts across this country and in our neighbouring country many times. I have never seen a case where a situation was not challengeable by the other side, but it could not be challenged in this case.

The upshot of everything was that the children were taken away from the mother and handed over to the father, who was absent from the house for reasons which had arisen prior. Since last May, that mother has not had an opportunity to meet her children. One of them tried to run away from school. The child is distressed and unhappy. The mother of the children is always regarded as the primary carer. To take the children away from their natural mother is the most appalling thing that can be done to any woman, because it challenges her right to be regarded as a good mother. This woman rejects vehemently all the charges that were made against her. Most of all, in the lead-up to a final decision, she has been prevented from talking to her children on the basis that she might turn them against their father. That is not a good enough excuse.

The mother's rights are being violated. She was in touch with Tusla. I was in touch with Tusla myself. It was very helpful, but it has been barred from intervening by the powers that be. This has happened for some reason, whether due to guardian ad litemrules or some other rule that has not been seen before. I have my own ideas about why this happened. Incidentally, she was obliquely threatened, in the event that she raised this with any public body, including Tusla, or with public representatives. My answer to that kind of thing is that we are glad to hear from the body in question, but we have heard that before, and threats do not count. The most important thing is that the mother's right to be with her children is protected. If the courts decide afterwards, on the basis of evidence which has been correctly challenged by one side or another, then we will accept that decision, but we will accept nothing until that decision comes about.

See this speech in context