Father who denies hitting daughter, 5, allowed see her for Christmas

The couple are estranged and on the question of the father's court-ordered access, the mother told the court: “I would prefer that it didn’t happen.” 

A judge has ordered that a father, currently under Garda investigation for allegedly hitting his five-year-old daughter in the face, can see her for Christmas.

At the Family Law Court in Ennis, Judge Mary Larkin ordered that the man be allowed to see his daughter to be able to give her a Christmas present on Christmas Eve during a three-hour access at a hotel in spite of the girl's mother’s objections.

The couple are estranged and on the question of the father's court-ordered access, the mother told the court: “I would prefer that it didn’t happen.” 

Judge Larkin stated that the continuity of the relationship between father and daughter has to go on.

'Toxic' relationship

Judge Larkin described the estranged couple’s relationship as ‘toxic’.

The man has not seen his daughter since October 4 after the child alleged that on the last access weekend, he struck her in the face.

The child’s mother told the court that on hearing the child’s allegation:  “I rang the gardai and I told the gardai what she had told me”.

The father has now been interviewed by Gardai concerning the allegation and the mother stated that her daughter has also been through two specialist interviews.

After the formal complaint to Gardai, Tusla then recommended that access be suspended until the Garda investigation is completed.

Solicitor for the man, Pamela Clancy, told Judge Larkin that Gardai have stated that the investigation could take six months.

After viewing photographs of the mark to the child’s face, Judge Larkin commented: “The evidence I have heard today in court is that the child had a black eye. What I am looking at here doesn’t look like black and blue. The photo I see is of a child smiling with a grin and with a mark on her face.” 

Father's evidence

The father denied hitting his daughter in court and Judge Larkin stated: “I don’t know whether to believe or not the father, but I don’t see this as a ‘hanging’ matter.” 

In evidence, the father stated: “I have never raised my hand to my daughter.” 

On the allegation made, the father stated: “I believe she is being coached, it is as simple as that.” 

He stated: “I wouldn’t even raise my voice to her - any time I have had an issue with her, I make the point of physically getting down on her level and talking to her.” The father described the allegation as “absolutely ridiculous”.

Asked to explain the mark on his daughter’s face, the man stated: “On the Saturday, I noticed a little red bump on her cheek and I just put it down to being a little insect bite.

"On the Sunday, it had swollen a small bit and for all the world, it looked like she had been crying and that her eye was looking a little puffed out  — and that was it."

Mother's evidence

In her evidence, the mother stated that her daughter “told me that her Daddy hit her in the eye — that he was very angry and he was cross and that he shouted at her”.

The mother denied that any coaching had taken place. She stated: “ No —  she is a strong character, she makes up her own mind.” 

Judge Larkin ordered the man’s new partner supervise the access and that he have access from each Saturday from now on after the Christmas Eve access.

In response to Judge Larkin’s suggestion that the father give his daughter a Christmas present, the man’s solicitor, Pamela Clancy stated: “The girl isn’t allowed to bring home anything that Daddy gives her.”

 In response, Judge Larkin stated: “I don’t want to hear that. That’s nonsense.” 

The man told the court that he has no communication with his ex-wife.

He said she would not tell him what was the specific allegation against him that resulted in the Tusla recommendation to suspend access.

He stated: “She told me to leave the property or that she would call the Gardai.” 

The man stated that he only found out the detail of the allegation from Gardai one day before court.

Judge Larkin adjourned the case to March.