Interim care order application for three week old baby withdrawn following agreement with mother – 2023vol1#4

The Child and Family Agency (CFA) brought an application before Dublin District Court seeking an interim care order for a three-week-old baby. However, following engagement by the mother with an agreed social work plan, the application was withdrawn.

When the case first came before the courts the CFA was seeking an interim care order in respect of the three-week-old baby. When the case was called the solicitor for the CFA indicated that that they were awaiting the mother’s arrival to the court complex. The solicitor for the CFA indicated that there was a social work plan in train and they would be seeking to adjourn the matter on consent.

When the mother arrived at the court complex a solicitor from the Legal Aid Board was assigned to her and the case was put on hold until such time as the solicitor spoke to her and explained matters to her. The father of the child was also in the court complex but was unrepresented.

After some time both the solicitors returned to the court. The CFA indicated that they wanted to call the social worker to give evidence. The mother’s solicitor objected and said that the application before the court was being adjourned on consent. He said the father was not legally represented yet but that he had been assisting him. He confirmed he was representing the mother.

He said that in the interim there was an agreed plan. The mother and child were to move to supported accommodation – the child was due to be released from the maternity hospital on that day. The interim plan was a short-term placement with a designated care facility. He indicated that the mother was aware of her need to engage with social services.

The case was adjourned for eight days.

When the case resumed the solicitor for the CFA informed the court that this matter could be struck out on consent. The lawyer for the mother was also present in court. The judge informed the parties that an interim care order application could not be struck out, it had to be withdrawn or extended. The solicitors both agreed and confirmed to the judge that the application could be withdrawn.