A judge has ordered an inquiry into whether a teenage boy, missing in care for almost four months and believed to be in Britain, should have been in care in Ireland in the first place.
Judge Brendan Toale was told the boy has been missing from his foster home since the end of January. It was believed he had gone to Britain and there was "sufficient information to assuage fears for his safety".
A social worker with the Child and Family Agency said the boy's mother, also in Britain, had told her the boy was living with his brothers and that he was getting on well.
The boy had also spoken to his foster carers by phone and asked them to send on his belongings, although he had not given his address.
Asked if it might be worthwhile travelling to Britain to establish the safety of the boy, the social worker said they would go over if they could contact the boy’s mother again and meet her, but this was proving difficult.
No examination
She also said the aftercare plan for the boy had been to support him moving to Britain once he turned 18, but he was adamant he wanted to be living with his brothers by the time he was 17.
She agreed that when the boy was taken into care six years ago, although he had spent time in Britain, that there was no examination about whether Ireland was the correct jurisdiction for him. The judge said there was a possibility when the boy was first taken into care that his habitual residence may not have been in this jurisdiction. He said he would hold an inquiry into it.
Under Brussels II EU regulations, recently clarified by the High Court, a District Court may examine whether a child being taken into care in Ireland should more properly be in care in another country, depending on where the family has predominantly been living.
Judge Toale said the agency might be advised to look at orders granted in similar circumstances “with regard to their enforcement”. He also said if he found the boy’s original care order was enforceable, then the agency had a child missing in care for three months.
“That is not an appropriate way for care orders to be dealt with; an element of urgency has to be applied,” he said.
He adjourned the case to next week.
Separately, Judge Toale extended an interim care order for a girl whose mother had returned to her home country and whose father has been admitted to hospital.
Interim care order
The girl’s father attended court for the first time yesterday, while still an inpatient in hospital. His solicitor said he did not oppose the interim care order.
The girl’s court-appointed guardian said the girl was settled in her foster placement, having been there before when in care previously.
She felt sad her father was in hospital and wished they had a big house and loads of money, the court was told.
Making the order, Judge Toale asked the agency to consider whether, given both parents were not Irish citizens, if Brussels II should be considered.
