Mother forced daughter to write fabricated sexual allegations against father in diary, court told

The care worker said gardaí have closed the file and the girl is happy and safe living with her father. The parents of the girl are estranged. Picture: iStock

A mother made her daughter write out “terribly elaborate and grossly inappropriate sexual allegations in a diary" against her father, a court has heard.

At the Family Law Court, a Tusla social care worker told Judge Alec Gabbett that the girl admitted to garda specialist interviewers in July that she had fabricated the sex abuse allegations against her father.

The care worker told the court that, at the garda interview, the girl stated that she fabricated the allegations against her father “because her mother asked her to say such things otherwise she would get into trouble”.

The girl made this disclosure to the care worker before the garda interview, she added. 

The care worker replied "yes" when Judge Gabbett asked her: “Do you think the entire thing is contrived based on your clinical opinion?” 

She said gardaí have closed the file and the girl is happy and safe living with her father. The parents of the girl are estranged. 

The parents contested custody of the girl at a court hearing earlier this year, and Judge Gabbett said that he was making the custody order in favour of the father after hearing the new Tusla evidence.

Judge Gabbett said Tusla regard the treatment of mother against daughter concerning the false allegations as intentional emotional abuse, where the mother “made her write out terribly elaborate and grossly inappropriate sexual allegations in a diary”.

Judge Gabbett said Tusla has concluded  it is “very happy with the child in dad’s care and that she is very safe in his care”.

Judge Gabbett said the girl's mother in the case was not able to come to court due to medical reasons. The father was in court and legally represented by solicitor Pamela Clancy.

'Over 40 records of physical abuse'

The social worker said the mother made severe allegations of sexual abuse against the father in May concerning their daughter. 

“Mother presented a diary of over 40 records of physical abuse, most of them sexual abuse, very graphic sexual abuse outlining different sexual practices that could never have come from a child," the social worker said.

She said: “This was our major worry actually — who has produced these allegations and who could have written them down?” 

She said that Tusla's assessment changed from allegations of sexual abuse by the father to emotional abuse by the mother.

The social worker says since making the allegations, the mother is not contactable.

She said that mother has made no effort to see her daughter in recent months nor has she availed of any access. She said she told the mother that her child “is suffering and she wants to see you and she wants to talk to you”.

The social worker said that the mother “has abandoned her child”.

Judge Gabbett said, arising from the false allegations, the daughter was subject to a Sexual Assault Treatment Unit (SATU) examination, which he said are intrusive by their very nature and in this case “unnecessary”.

Judge Gabbett said that a multi-disciplinary team made up of Tusla, gardaí,  and SATU and CARI [Children At Risk Ireland] representatives has recommended that the girl commence trauma therapy.

Judge Gabbett described the Tusla social worker’s report in the case as “an incredible report”. 

He said: “It is so badly needed in a case like this and has given me the clarity I need to make a decision.” 

The family law dispute between the estranged couple over access, maintenance, and custody has appeared numerous times before Judge Gabbett. He said his court file on these matters “is nearly 10 inches high”.