Couple to challenge order on parenting assessments

A couple has challenged district court orders directing them to undergo parental assessments, counselling, and psychotherapy or face having their children put into care.

Earlier this year, following allegations made against the parents, their four children were taken into care by the State. Two were later returned to them while two remain in care.

A district court judge in May made a supervision order and directed the couple undergo parenting assessments. He directed that the mother receive counselling and psychotherapy.

The judge stated the parents had to co-operate fully with all directions and recommendations made by the HSE and ruled that any failure to comply would result in their two children being taken from them again.

In the High Court action, the parents claim the district court orders are unlawful and unconstitutional and are seeking an order quashing the judge’s directions.

Mr Justice Michael Moriarty granted the couple permission to bring their action on an ex-parte basis and adjourned the matter to a date next month.

Ken Fogarty, counsel for the parents, said the children were taken into care after one of them ran away from home and made an allegation of being struck with a belt. He said that while there were marks on the child, there was evidence she had been involved in a fight with other children.

Mr Fogarty said the judge hearing the case had erred in law and had acted in excess of jurisdiction in seeking to compel his clients to undergo testing and psychotherapy and counselling. “The HSE has been allowed to trespass in an unregulated way on my client’s rights. It amounts to a breach of their personal rights, privacy, and bodily integrity.”