Gillian Toole (Meath East, Independent)

I am going to share with the Minister a Meath East constituent's lived experience of domestic violence. I have her permission and I have anonymised everything. She is a 42-year-old and has been 19 years in an engaged relationship with three children. She was mortgage-approved and she had a wedding booked. During that time, she achieved two third level degrees. Her final assault was in 2020, when she was slammed through a shower door and she fled with her children to a refuge. She had been recorded and controlled for ten years. She was summoned to court by her abuser days after the final assault. Gardaí and Tusla were called in as she was a safety risk, with no mention of the assaults. The refuge, the local authority and legal aid were advised incorrectly of the circumstances and she was ordered to hand over the children without seeing a judge. She acquired a safety order. She persisted with multiple visits to the Garda station, and one garda listened. Reports were ordered but her concerns were passed off by Tusla as parenting issues. A recommendation for parenting courses and children's support therapies ensued.

There was a criminal case against her partner with video evidence but as it was a first offence, there was a slap on the wrist. Unfortunately, no appeal was lodged within the ten-day period. There were repeated breaches of the safety order but they were repeatedly dismissed. The children have been terrified. All agencies were notified but there was no response. There have been threats by the court to the mother because the children refused to attend access visits.

Garda liaison for the children did begin to read between the lines of concern and a coercive control complaint began. First off, her file was pronounced missing. Since then, she has been refused access to her files. Members of the free legal aid team have not complied with the needs of the client, in her opinion, and have been afraid to push back against the system as it is their employer. A second report was thrown out. A new one, the third one, was implemented for overnight access despite the wishes of the children and the mother. In December 2023, the mother was issued with a warrant to attend court but it was the last day of school for the children and she advised the court she had no childcare. She was brought in and threatened with six weeks in Mountjoy if the children were not handed over to their father. Custody arrangements were changed because the mother refused to force the children to go to the father. The mother was stopped from seeing the children because access time was owed to their father.

A complaint was made against the judge but the Judicial Council cannot act. She has had a refusal to release files, and the woman has been forced to represent herself in court. Another report has been ordered in the Circuit Court. This week marks year five of her court experience and she wishes to give this feedback thus far: women leaving domestic and gender-based violence or abusive control face a bigger challenge once they leave. They are dealing with a lack of structure and cross-communication between organisations.

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