Couple’s challenge to children’s care orders adjourned

A challenge by a couple to the legality of orders taking all their children into care has been adjourned to Monday because their barrister is unwell.

Couple’s challenge to children’s care orders adjourned

The HSE and attorney general have both said the matter is urgent and must proceed on Monday.

The children have been in care since September last. They were initially the subject of emergency care orders, then interim care orders, and are now the subject of full care orders made last January and extending into next month.

The orders were made after “very serious” allegations were made against the parents but no details of those, or any material which might identify the family, their location or nationality, may be reported.

The allegations are denied.

After the parents initiated High Court proceedings, Mr Justice Gerard Hogan directed an inquiry, under Article 40 of the Constitution, into the validity of the orders under which the children are in HSE care.

The inquiry began on Thursday when the judge ruled the media could report on it subject to strict restrictions.

When due to resume yesterday, the judge was told an email had been sent by Berenice McKee-ver BL, for the parents, stating she had become very unwell overnight and could not attend court. In those circumstances, the parents sought an adjournment and the judge agreed to adjourn to Monday.

Gerard Durkan SC, for the Attorney General, said the basic position was a number of children are involved and the matter must be dealt with as soon as possible. The case would have to proceed on Monday and his side would email Ms McKeever to that effect, he said.

Felix McEnroy SC, for the HSE, said it was also very anxious the case be concluded as it was “very disruptive”.

After granting the adjournment, the judge added he had identified three issues he considered should be addressed.

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