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Lone father in need of help and advice

  • 22-07-2011 6:26pm
    #1
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    Hi guy's,

    I'm new to this forum and could do with some advice.

    First things first, the children and are are not irish. Same is for the mother.
    We are german born nationals.

    In 2008 I was appointed sole gardian for the children by a german family court.

    Last year the mother of the children left for germany with the 3rd child and the other 2 in ireland. Since then, the HSE took them out of the family home I had set up and there are now in fostercare by an interim care order, which I was forced to comply by the HSE last year.

    Both remaining children are wishing to come back to me, but the HSE makes it more than difficult for me to return the little once.

    I have had 2 court hearing so far here, where the order has been extendend by the HSE and next to nothing has been done to get the children back into my care.

    Unfortunately the last court hearing was adjourned, as the case was not handled by the judge present.

    Now access is a real difficulty for me, as the mother whishes that the children stay in full-time-care.

    What are my chances that the children be returend to me in time now?

    My solicitor and I have said, the the current extension of the order will not be consented by my self.

    In regards to the mother, she has failed to secure leagel aid and does not turned up at court hearings. Futher more she has barly any contact to the children in question, only via phone about once a month.

    I see the children booth together now every wednesday and on a fortnightly basis on the weekends as said by the HSE.

    So, how can I go now against the HSE in improving access further and get my sole custody back, as the HSE has also failed to comply to courtorders before??

    Regards

    Jordy


Comments

  • Registered Users, Registered Users 2 Posts: 4,503 ✭✭✭smelltheglove


    You have custody through a German court? If this is true then I cannot understand why this is happening to you or how the mother could take one child away from you. I am no legal expert but I really do suggest asking your solicitor about the European family courts. I have seen mention of family cases being brought to the European courts and I wonder if this would help you as going on what you have said one country has given you sole guardianship yet another is taking it away!


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Yes, it's true that i have costudy for 2 children. The 3rd was born here in ireland and we were never married together. In Germany, when the other 2 were born, we made strait after birth joint guardianship for them before the state, which was only taken in account here, not the fact, that I was granted sole costudy for booth.

    But further more to this, I was forced by the HSE in 2009 to quit my job then to be sole carer for the children and the mother, as there were also more hick-ups and complaints by the school against the mother.


    All of this is reflected in the report the HSE put out for the renewal of an interim care order, apart the fact, that I was granted sole custody for the children back in 2008.

    The mother has mentioned to the HSE when she left last year, that I was supposedly hitting them, which is not true at all and based on that, they took them away to be with foster parents.



    The real reason that she has no custody or joint custody for the 2 children in question is, that she hit them physicaly in germany back in 2007 when the kid's were taken into state care strait away with an emergancy order by the court there.

    I was already living here in Ireland at that time and got word from the german authority's about that and since then, I made every effort to get them here, which was granted by the german court in 2008 with the fact that she had to come here as well due to acces rights of her with the children. That is an reqirement by german family law which I could do nothing about it, only that I had sole custody for the children then.

    Since last year, the mother was only granted 2 visits with the children by the HSE before she left for Germany back in October.

    Here for myself and the children it was 2 hours every fortnight seperately at first till last month, when the HSE finally increased it to every wednesday afternoon for max 5 hours and seperately on saturday's for 6 hours, seperately.

    This was a breach of the last court order in march as well, as access was supposed to be increased for the 2 together in May, which the HSE not complied.

    Now, how can I basically force them legally to give me more access, so that the children can move back to me, as it is also their wish to live with me again (Stated also in the report from the HSE)?


  • Registered Users, Registered Users 2 Posts: 204 ✭✭rolly1


    Get in contact with this group (voluntary, non-profit)website here , they will be able to provide some good information. Alternatively join boards and I'll pm details.


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Thanks a lot rolly1 and now I wait for an answer, hope it'll be soon


  • Registered Users, Registered Users 2 Posts: 1,391 ✭✭✭Justask


    I am a little confused with this story :confused:

    The HSE do not take children out of a family home without good reason.
    Why were they taken from you and put into fostercare?


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  • Registered Users, Registered Users 2 Posts: 277 ✭✭cutymonalisa


    Justask wrote: »
    I am a little confused with this story :confused:

    The HSE do not take children out of a family home without good reason.
    Why were they taken from you and put into fostercare?

    Exactly. Have there been Case Conferences / Child in Care Reviews further to your children's Care Plans? What was the outcome? What are the HSE's concerns with regards to your parenting? Has rehabilitation to your care been ruled out? If it has, why? If it has not have you complied with all the tasks required to return the children to your care? how long have your children been in care? (i ask this because children need routine and a sence of belonging and cant 'wait' indefinately for neglectful parents to get their act together).

    I assume the Interim Care Orders were made at District Court level. If you remain unhappy why have you not appealed the orders to the Circuit Court? Something doesnt add up here OP.


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    The children were in respite in accordance with the HSE last year beginning of august, to give us some rest apparently.

    That time was used by my ex to leave the house and go to a refugee center and state there that i was hitting the children, which was and is not true what so ever.

    Due to these allegations, the children were not returned by the respite carers to me or to the mother.

    The mother left Ireland beginning of October with the youngest Child, which I'm not even sure if it is mine or not.

    Since then I have been fighting these allegations against the HSE in court.

    They have nothing to show that these allegations made by the mother of the 2 are true, but statet clearly, that the mother will never get them back, which of cause I have written proof of.

    Does that clarify your confusion?


  • Registered Users, Registered Users 2 Posts: 1,391 ✭✭✭Justask


    Jordy1 wrote: »
    The children were in respite in accordance with the HSE last year beginning of august, to give us some rest apparently.

    That time was used by my ex to leave the house and go to a refugee center and state there that i was hitting the children, which was and is not true what so ever.

    Due to these allegations, the children were not returned by the respite carers to me or to the mother.

    The mother left Ireland beginning of October with the youngest Child, which I'm not even sure if it is mine or not.

    Since then I have been fighting these allegations against the HSE in court.

    They have nothing to show that these allegations made by the mother of the 2 are true, but statet clearly, that the mother will never get them back, which of cause I have written proof of.

    Does that clarify your confusion?

    No sorry it doesnt :confused:

    So your saying the HSE have taken your kids into care cos you and your wife need a break :confused:

    I still claim that the HSE need some very strong proof that the kids are better off in care then with the family.

    This country does not have enougfh foster place already with out taking kids into care so parents can get some time for them selfs :confused:


  • Registered Users, Registered Users 2 Posts: 277 ✭✭cutymonalisa


    OP, genuinely trying to be helpful but in order to do so can you answer the questions I posted earlier? Also, how long have the children been in care now?


  • Registered Users, Registered Users 2 Posts: 1,391 ✭✭✭Justask


    OP, genuinely trying to be helpful but in order to do so can you answer the questions I posted earlier? Also, how long have the children been in care now?


    Late last year


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  • Closed Accounts Posts: 62 ✭✭dublogic


    Hey Jordy1,

    Based on what I have read I would go with rolly1's advice and not answer any more questions as you will simply feed the "gossip" element of boards users (otherwise know as trollers).

    Regards


  • Registered Users, Registered Users 2 Posts: 277 ✭✭cutymonalisa


    dublogic wrote: »
    Hey Jordy1,

    Based on what I have read I would go with rolly1's advice and not answer any more questions as you will simply feed the "gossip" element of boards users (otherwise know as trollers).

    Regards

    Errr excuse me, I am neither a gossip nor a troll. The OP posted his situation and asked for help. In order to do so questions asked are relivant to his predicament and aiding this.

    However, I agree from the perspective that Ireland is a small place and you could give away identifying information OP.


  • Registered Users, Registered Users 2 Posts: 1,391 ✭✭✭Justask


    dublogic wrote: »
    Hey Jordy1,

    Based on what I have read I would go with rolly1's advice and not answer any more questions as you will simply feed the "gossip" element of boards users (otherwise know as trollers).

    Regards

    So if we ask question we are now trolls? oh ok thanks i didnt know that :rolleyes:


  • Closed Accounts Posts: 23,862 ✭✭✭✭January


    Guys, if we have problems with posts/posters please report them and don't argue on thread. It'll only drag the thread off topic.

    dublogic, I believe Justask and cutymonalisa are trying to help the author of this thread by asking for additional information.


  • Closed Accounts Posts: 23,862 ✭✭✭✭January


    OP, do one, or both, of your children have special needs? It's my understanding that the HSE don't just take children to respite so the parents can have a break...


  • Registered Users, Registered Users 2 Posts: 1,391 ✭✭✭Justask


    January wrote: »
    OP, do one, or both, of your children have special needs? It's my understanding that the HSE don't just take children to respite so the parents can have a break...

    Do the HSE do this for parent of special needs kids?


  • Closed Accounts Posts: 1,701 ✭✭✭Offy


    The HSE is an epic fail. Social workers have a massive burn out rate, about two years I believe. They are very poor at following procedure. As so many are new to the job they make a lot of mistakes and its the parents and children that pay the price. Anyone that decides to accuse you of child abuse is immune from proscution, this leaves it open for social workers to step in. Read the link OP, I think you will find it useful.


  • Closed Accounts Posts: 23,862 ✭✭✭✭January


    Justask wrote: »
    Do the HSE do this for parent of special needs kids?

    My aunts brother in law has Downs Syndrome and I know his guardians (my aunt and her husband, his brother) get respite care for him every few months...


  • Registered Users, Registered Users 2 Posts: 277 ✭✭cutymonalisa


    Offy wrote: »
    The HSE is an epic fail. Social workers have a massive burn out rate, about two years I believe. They are very poor at following procedure. As so many are new to the job they make a lot of mistakes and its the parents and children that pay the price. Anyone that decides to accuse you of child abuse is immune from proscution, this leaves it open for social workers to step in. Read the link OP, I think you will find it useful.

    Big bad social workers cant win really. The children are subject to Interim Care Orders currently - this translates to the court having accepted, on the balance of evidence provided by SW's, that they would be subject to abuse/neglect were they to remain with their parents.

    Childrens First is aimed at all persons who work with or come into contact with children be they members of the public, voluntary or statutory services. One of the reasons why it has recently and rightly been relaunched is that many potential referrers choose to ignore the guidelines. Yes, social workers have made mistakes but as a profession are bashed consistantly without consideration towards multidisciplinary responsibility and accountability.

    Child Protection is everybody's business.

    Sorry for dragging the thread off topic. OP you are welcome to pm me.


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Justask wrote: »
    No sorry it doesnt :confused:

    So your saying the HSE have taken your kids into care cos you and your wife need a break :confused:

    I still claim that the HSE need some very strong proof that the kids are better off in care then with the family.

    This country does not have enougfh foster place already with out taking kids into care so parents can get some time for them selfs :confused:

    You have misunderstood something a little bit, the children were in respite with once a month usually on one weekend from spring 2009 to get them to learn english as there are not nativ speakers. It was agreed between the HSE and myself. I have had contact with the HSE before the children came to Ireland in 2008, because there were placed in statecare in germany, in other words a carehome. The reason for this was, why they were in a care home in germany, was that the mother had slapped them so hard, that my little doughter was put in hospital for observation for 3 day's in 2007.

    The state authority told me this, after they've been taken away over there.

    That's on the backround.

    There have been case conferences, more then enough, only to state that I had to go for 'Anger Managment Course', although they know, that nothing is wrong with me and the children alway's saying this. Written proof of this is also there from the HSE. But there acting soleily on Section 20 of the Childcare Act 1991. You aware what that means for an unmarried father in this country, despite the court order from Germany in September 2008.

    No, none of the children have special needs. Only my little one is a littel behind, as she was born very premature, 25th week, but she's bright and healthy without any big hickup's.

    The children are also going to playtherapy once a week here, due to the fact that they have been through too much in there short live already. The only constant figure in this is me, who alway's stood up for them and thought for them.

    Going a litllte bit futher back, in 2005 the mother was already stripped off guardianship by the german court and only got joint custody back after compleating a therapy aprooved by the court. Written evidence of this is in place.

    [QUOTE=

    Big bad social workers cant win really. The children are subject to Interim Care Orders currently - this translates to the court having accepted, on the balance of evidence provided by SW's, that they would be subject to abuse/neglect were they to remain with their parents.

    Childrens First is aimed at all persons who work with or come into contact with children be they members of the public, voluntary or statutory services. One of the reasons why it has recently and rightly been relaunched is that many potential referrers choose to ignore the guidelines. Yes, social workers have made mistakes but as a profession are bashed consistantly without consideration towards multidisciplinary responsibility and accountability.

    Child Protection is everybody's business.

    Sorry for dragging the thread off topic. OP you are welcome to pm me.[/QUOTE]

    Your welcome, it's just not easy to write everything so it can be easely understood.

    The Socialworkers alone are up to their necks in work and I can understand, when mistakes are happening, but breaking court orders, where it was explicitly said to increase access at a certain date and it did not happen is totally unexaptable.

    They want to make a plan for re-unification in November, although they've had plenty of time so far and wasted a lot of work. Same also what my therapist said to me.

    Every time I asked them to increase access in the past I was declined totally. Only when my threapist and my solicitor pounded them constanly, the have agreed a month ago to increase access.

    They, from my piont of few, only do what the mother of the children want's, leave the children in care full time with no access from me what so ever., That's the feeling I get the whole time and nothing will change that.


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  • Registered Users, Registered Users 2 Posts: 1,391 ✭✭✭Justask


    I think the problem here is that your written english while its very good it may be a little difficult to type such a complex case. :confused:

    After reading your last post from it I get that your children are in care to improve their english. :confused:

    i really think the best thing to do is keep fighting and you will get there.

    At the end of the day the best interest of the kids is foremost.

    wishing you the best of luck :)


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Your right in saying that this case is very difficult to explain in writing.

    The children's english is better then mine, since they have been in care for almost a year.

    What strikes me though is, that they don't speak german anymore as they don't get a chance of it, only when they with me.

    The question which remains is, how can I basically force the HSE to improove access further till the next court date end of september.

    The current interim order was only till the 19th of this month officially. So, legaly I think the HSE does not have anymore rights to hold the children back as they are doing.

    How can I achieve that at least the children could stay overnight at the weekends, without braking any law in this country?

    The next access meeting will take place at the and of september, after my big once birthday and the the adjourned court hearing unfortunately.

    Till then, they want from me that I will go to another psychologist to adress family needs from me and the children. From my point of few, totally insane. Their wasting more and more time. Also they want to bring in my new partner, whom the children already met and they get along totally superb without any trouble what so ever.

    The HSE also wanted a Garda Clerance from her, but when I asked them if they could show it to me in the law, they couldn't. Strange, strange strange...

    Now I'm thinking that they will waste more and more time on the back of the children, which I dont tolerate, but can't really do anything against that.

    Any Idea' from your side, how I can force the HSE to finally comply to my proposals?

    Further more I told them in the past that I want the HSE out of the pic, since they only think about themself, at least that's my impression, instead of the children.


  • Registered Users, Registered Users 2 Posts: 2,226 ✭✭✭angelfire9


    OP I'm trying to get this straight in my head so please excuse me if I get it wrong (and feel free to correct any errors)

    You are German as are the children and their mother

    You are not married to the children's mother

    There are 3 children from your relationship 2 are in Ireland the 3rd (youngest) is now in Germany with your ex

    In Germany in 2008 the courts gave you sole guardian to the eldest 2 as a result of an emergency order in Germany in 2007 which took the children into care after their mother hit them

    Sometime in 2008 the children & their mother moved to Ireland as you were already living here and she had to move here to comply with access arrangements set down by the German court

    Before their arrival in Ireland you made contact with the HSE because the children were in a care home in Germany and they were notified by you of their arrival to Ireland presumably so that the HSE could keep an eye on them when they got here
    Can you clarify why, if you had custody awarded to you in Germany, why were the children in a care home in Germany and not in your care? Or was it simply because you weren't living in Germany at the time and it was unsafe to leave them living with their mother??


    When in Ireland a 3rd child was born, this 3rd child is not subject to any court proceedings in Germany

    In 2009, the HSE "Forced you" to give up your job to mind the children & their mother as the school had made complaints? (Can you clarify what kind of complaints you are talking about here and what you mean by the HSE forcing you to give up work)

    From Spring of 2009 to August 2010 the children were in respite care once a month at weekends to assist them in learning English
    You agreed to this respite with the HSE

    In August 2010 the HSE took the children into care to give you respite (apparently to assist the children in learning English)
    I must say I have NEVER heard of this happening and my daughter goes to school with lots of kids who don't speak English as a first language some of them have SNA's for that reason


    In October 2010 the children's mother returned to Germany with the 3rd child
    (whom you state you are not sure of paternity)
    Before she left she alledged that you had been hitting the children

    Because of these allegations the HSE is refusing to return the children to your care

    You were advised to take Anger Management courses? Can you tell us who advised you to do this?
    The Socialworkers alone are up to their necks in work and I can understand, when mistakes are happening, but breaking court orders, where it was explicitly said to increase access at a certain date and it did not happen is totally unexaptable
    Can you clarify what court order you think the Social Workers are breaking??
    They want to make a plan for re-unification in November, although they've had plenty of time so far and wasted a lot of work. Same also what my therapist said to me.
    Not being smart but is your therapy related to your ability to raise the children?
    And if the HSE are planning to re-unite you with the children in November will this be permanent i.e. are they giving you back full custody in November?

    Every time I asked them to increase access in the past I was declined totally. Only when my threapist and my solicitor pounded them constanly, the have agreed a month ago to increase access.
    What kind of access do you have at the moment? Is it supervised?

    They, from my piont of few, only do what the mother of the children want's, leave the children in care full time with no access from me what so ever., That's the feeling I get the whole time and nothing will change that.
    I cannot believe that the social workers & the HSE are "only doing what the mother wants" given that
    a) The mother isn't even in Ireland any more
    b) The Courts in Germany have shown her to be an unfit mother
    c) You have sole custody not the children's mother

    There is something going on here that you haven't told us because the case as stated does not make sense

    My advice for what it is worth is as follows:

    A)Get a court recognised translator and get all the documentation from Germany translated into English
    B) Try and get a job if you don't have one and make arrangements with regard to childcare if you get the kids back, if you want full custody you have to show that you are capable of minding the kids both financially & practically
    C) Apply for guardianship in Ireland if you can
    D) Get a solicitor

    Family law in Ireland is designed to protect the child
    The aim of social workers & the HSE will always aim to keep the family unit intact where ever there is no danger to the children
    If they are keeping your children away from you they must feel that you are a danger to them in some way


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Quote:

    Can you clarify why, if you had custody awarded to you in Germany, why were the children in a care home in Germany and not in your care? Or was it simply because you weren't living in Germany at the time and it was unsafe to leave them living with their mother??

    As I was already living in Ireland, the court decided that it was unsafe to leave them with their mother resulting that they have been moved to a care home.

    Quote:

    Can you clarify what kind of complaints you are talking about here and what you mean by the HSE forcing you to give up work.

    Complaint were coming from other parents towards the principle of the school, how the mother of my children was treating them, when she picked them up and brought them to school. Further more I had not just to care for the children, also for the mother. It may sound strange, but it is true and the HSE has written that previouly too in there reports, which of cause I hold here in the house.

    Quote:


    I must say I have NEVER heard of this happening and my daughter goes to school with lots of kids who don't speak English as a first language some of them have SNA's for that reason


    You have misunderstood something compleately, unfortunately.

    The children only joined school fully in 2009 september, before they were in pre-school. My big one jumped strait into senior infants, my little one into junior infants.
    They are doing more then well in school and the principle as well as the teachers are saying the academically the sky is the limit for booth of them.

    Quote:
    Can you clarify what court order you think the Social Workers are breaking??

    Surly can. It was agreed in court in march, that from the first weekend in may, I should have them both during daytime with no overnight stay clarified in the interim order made that day.

    The HSE only gave me 4 hours for access on a separated level, every fortnight per child, nothing more, supervised, but they slowly dropped the supervision out of it.

    Access at the moment since one month is both together every wednesday, unsupervised, every fortnight on a separeted basis for 6 hours on saturday's, plus 3 so called family day's, supervised, 2 of them pased already, one is to come at the end of August.

    I have requested access on the weekends compleately since September last year, nothing has been done from the HSE towards that.

    Quote:

    You were advised to take Anger Management courses? Can you tell us who advised you to do this?

    The HSE only.

    Quote:

    A)Get a court recognised translator and get all the documentation from Germany translated into English
    B) Try and get a job if you don't have one and make arrangements with regard to childcare if you get the kids back, if you want full custody you have to show that you are capable of minding the kids both financially & practically
    C) Apply for guardianship in Ireland if you can
    D) Get a solicitor

    A:) The Translation of all previous documents were done by the HSE socialworkers.

    B:) I have secured a fulltime job 2 weeks after the mother left the house with my old company i was forced to leave in feb 2009 by the HSE. To Answer the question you may have regarding this, it was also the HSE who stated at the time, that the children were to beromoved from home, as the mother was absolutely declared unfit to care for them when I was not there.

    C:) How would I do that easely and efficently?

    D:) Already have one. Thanks. -:)

    Her statement is as follows: First get the children back from the HSE, then apply for sole custody.

    As I stated before, the HSE is only complying to what the mother said to them when she left.

    They still believe that I was not caring for them at all, which is not true. Why are the children stating in all the reports the HSE has produced sofar, that they want to come back to me???? It does not add up neither does it make sence to me.


  • Registered Users, Registered Users 2 Posts: 1,391 ✭✭✭Justask


    The HSE obviously have concerned about your children spending time with you if they have said you have to go for anger mangement.

    The HSE told you to go nothing to do with your wife.

    This whole story does not add up at all tbh.


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Quote:

    The HSE obviously have concerned about your children spending time with you if they have said you have to go for anger mangement.

    The HSE told you to go nothing to do with your wife.

    This whole story does not add up at all tbh.


    These are the answers of a typical Socialworker, only thinking about themselfs and not what the children need, despite what the children want.

    That's the reason I dont trust those peole, for my taste, these are self-made professionals who don't have a clue about european law as stated in the Den Hague Convention.


    Welcome to the middle ages...


  • Registered Users, Registered Users 2 Posts: 1,391 ✭✭✭Justask


    jordy1 wrote: »
    Quote:

    The HSE obviously have concerned about your children spending time with you if they have said you have to go for anger mangement.

    The HSE told you to go nothing to do with your wife.

    This whole story does not add up at all tbh.


    These are the answers of a typical Socialworker, only thinking about themselfs and not what the children need, despite what the children want.

    That's the reason I dont trust those peole, for my taste, these are self-made professionals who don't have a clue about european law as stated in the Den Hague Convention.


    Welcome to the middle ages...

    You have got to be joking me. so now you are blaming our social workers :confused:

    From why I see the HSE see your children at risk and are doing the best for your children.

    You have 2 children (maybe 3) one needed to spend time in a hospital in germany because of abuse. Custody was given to you :confused: but they end up in care in Ireland :confused: Yet the person who caused the abuse returns to germany with one child :confused:

    Ok im going to wish you well and leave this thread because i enjoy the 'Parents threads' and am not going to get a ban for saying something i regret.


  • Closed Accounts Posts: 1,701 ✭✭✭Offy


    Justask wrote: »
    You have got to be joking me. so now you are blaming our social workers :confused:

    From why I see the HSE see your children at risk and are doing the best for your children.

    You have 2 children (maybe 3) one needed to spend time in a hospital in germany because of abuse. Custody was given to you :confused: but they end up in care in Ireland :confused: Yet the person who caused the abuse returns to germany with one child :confused:

    Ok im going to wish you well and leave this thread because i enjoy the 'Parents threads' and am not going to get a ban for saying something i regret.

    I couldnt disagree with you more. I am a male lone parent for the last 11 years. 11 years ago after my ex-wife threw our three children out on the street she accused me of child abuse. I have put up with all sorts of rubbish from social workers that female lone parents dont have to put up with and Im not alone. John Walters, Bob Geldoff and others have highlighted the abuse male lone parents suffer from both the HSE and the Irish court system. Based on that experience alone I completely disagree with that you have just said.

    OP please trust me, record every conversation you have with social workers and tell them BEFOREHAND that you are recording the conversation for your defence. Once they think they will be held accountable in court for their actions you will find their attitude towards you will change. I requested a section 20 report be prepared some time ago, the judge in the case agreed and granted an interim access order while it was been prepared. He said that the access was only to take place if the children wanted it which they didnt. The HSE got documentation from the courts telling them to conduct the section 20 and telling them that an interim access order was in place but it did not mention that it was at the childrens discretion. One of the HSE employees insisted that the children had no choice the access. She was that forceful that she reduced two of my children to tears. I told her that the judge said it was up to the children, she refused to believe me and refused to verfiy the conditions of the court order with the courts. If that isnt prejudice then I dont know what is. My son slit his wrists rather that put up with access that he did not want. Luckily no serious damage was done.

    cutymonalisa and Justask really seem to be either trolls or people that have never been on the receiving end of the HSE. I have been on the receiving end right up to the point that I said I was going to sue for the distress the HSE caused my children. Since then I have not had to attend so much as one interview to discuss my children, these 'interviews' which were not sanctioned by the courts I might add, never did so much as one thing to help my children. If the HSE in Ireland did anything to protect children then how on earth were so many children abused while in care? Im afraid the courts will not listen to you OP unless you have evidence so record all conversations with HSE employees.

    It really seems to me that the HSE do not follow their own procedures (see previous post for link to their procedures) so the next time they mess up you have to bring it up in court. You have to present evidence to the judge. Once you have evidence to support your claim then the courts cannot refuse to return your children. Are all the social workers you deal with female or are any male?


  • Registered Users, Registered Users 2 Posts: 1,391 ✭✭✭Justask


    Offy wrote: »
    I couldnt disagree with you more. I am a male lone parent for the last 11 years. 11 years ago after my ex-wife threw our three children out on the street she accused me of child abuse. I have put up with all sorts of rubbish from social workers that female lone parents dont have to put up with and Im not alone. John Walters, Bob Geldoff and others have highlighted the abuse male lone parents suffer from both the HSE and the Irish court system. Based on that experience alone I completely disagree with that you have just said.

    OP please trust me, record every conversation you have with social workers and tell them BEFOREHAND that you are recording the conversation for your defence. Once they think they will be held accountable in court for their actions you will find their attitude towards you will change. I requested a section 20 report be prepared some time ago, the judge in the case agreed and granted an interim access order while it was been prepared. He said that the access was only to take place if the children wanted it which they didnt. The HSE got documentation from the courts telling them to conduct the section 20 and telling them that an interim access order was in place but it did not mention that it was at the childrens discretion. One of the HSE employees insisted that the children had no choice the access. She was that forceful that she reduced two of my children to tears. I told her that the judge said it was up to the children, she refused to believe me and refused to verfiy the conditions of the court order with the courts. If that isnt prejudice then I dont know what is. My son slit his wrists rather that put up with access that he did not want. Luckily no serious damage was done.

    cutymonalisa and Justask really seem to be either trolls or people that have never been on the receiving end of the HSE. I have been on the receiving end right up to the point that I said I was going to sue for the distress the HSE caused my children. Since then I have not had to attend so much as one interview to discuss my children, these 'interviews' which were not sanctioned by the courts I might add, never did so much as one thing to help my children. If the HSE in Ireland did anything to protect children then how on earth were so many children abused while in care? Im afraid the courts will not listen to you OP unless you have evidence so record all conversations with HSE employees.

    It really seems to me that the HSE do not follow their own procedures (see previous post for link to their procedures) so the next time they mess up you have to bring it up in court. You have to present evidence to the judge. Once you have evidence to support your claim then the courts cannot refuse to return your children. Are all the social workers you deal with female or are any male?

    i can assure you i am not a troll.

    And yes you are right i've never had a social worker or the HSE knock on my door with concerns over my child :)


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  • Closed Accounts Posts: 1,701 ✭✭✭Offy


    Justask wrote: »
    i can assure you i am not a troll.

    And yes you are right i've never had a social worker or the HSE knock on my door with concerns over my child :)

    Up to a few weeks ago I had them knocking on my door three to four times a week. Only a male lone parent can understand what a male lone parent has to go through in Ireland when an ex make an untrue accusation. I have no trouble what so ever understanding what life the OP is living by his first post. Im glad that you Justask have no idea what we are talking about as it means you never had to live through it but it is real, very real.

    Once a social worker sees a man raising kids on his own she (I say she as in 11 years of dealing with them I've only meet one male social worker out of about 20) seems to form the opinion that the father cannot possibly be a better parent than the mother. Im afraid sometimes we are the better parent but that doesnt seem to matter to social workers. As I said earlier most social workers are new to the job as it has a massive burn out rate and most are young women that dont even have kids themselves. There is a prejudice in Ireland that women are better parents and thats probably why an unmarried father do not have equal rights to an unmarried mothers. That prejudice is rampant in Ireland and this means we fathers have to prove we are innocent rather than the accusor prove we are guilty, this is done in the name of protecting the child.

    In the OP's case his ex made an accusation. As he is German and living in Ireland I assume his family is German and living in Germany. If this is the case then the social workers will take his children of him and put them into care if the mother makes the accusation of child abuse. The person making the accusation is immune to prosecution in Ireland as the link I provided details by the way but it makes little difference if the mother has returned to Germany. As he has no family here the kids go into care.
    In an earlier post I detailed how social workers do not obey the courts so I have little trouble believing what the OP is saying. Not everyone that has social workers knocking on their doors deserves to have social workers knocking on their door. It does sometimes happen because a mentally ill woman makes an untrue accusation.


  • Registered Users, Registered Users 2 Posts: 8,427 ✭✭✭Morag


    Offy wrote: »
    Not everyone that has social workers knocking on their doors deserves to have social workers knocking on their door. It does sometimes happen because a mentally ill woman makes an untrue accusation.

    Or meddling bitter in laws.


    jordy1 get yourself a solicitor who will help you.


  • Registered Users, Registered Users 2 Posts: 2,280 ✭✭✭paperclip2


    Just regarding the respite question I have a friend who is a single father with three boys and has full custody due to serious issues with his ex wife. When the boys were little they had one weekend a month in respite as a support for the dad. It was nothing to do with the quality of his parenting but part of the support package devised for them. So it happens. :)


  • Registered Users, Registered Users 2 Posts: 381 ✭✭Kildrought


    There is a prejudice in Ireland that women are better parents and thats probably why an unmarried father do not have equal rights to an unmarried mothers
    Whilst I would agree with the first part of the statement, the second is not quite accurate.

    In the days before DNA testing, whilst it was always possible to be certain who a baby's mother was, one could not be as legally certain who the father was.

    Hence mother always had legal guardianship of her child, but for a man to have automatic legally guardianship he had to be married to his child's mother. There is a legal presumption that where a couple are married the husband is father to the children of that marriage.


  • Registered Users, Registered Users 2 Posts: 43,311 ✭✭✭✭K-9


    Kildrought wrote: »
    There is a legal presumption that where a couple are married the husband is father to the children of that marriage.

    Indeed and it can cause difficulties when couples split up and the ex wife has children.

    Anyway, to the OP, your solicitor should be able to apply for Guardianship for you. I'd say they are aware of that but maybe waiting for the case to develop further before applying, I'd mention it to them definitely.

    I do think posters should be given the benefit of the doubt, especially somebody whose first language isn't English. The HSE definitely aren't infallible and if they aren't following a court order on access I'd be very worried.

    The other side is they have to be cautious with cases like this and it can be very slow to return things to normality.

    It seems odd the mother would go back to Germany and leave 2 kids, sounds like has issues alright and you are left to clean up the mess.

    Mad Men's Don Draper : What you call love was invented by guys like me, to sell nylons.



  • Registered Users, Registered Users 2 Posts: 277 ✭✭cutymonalisa


    Offy, I am far a troll (an indeed take exception to being inferred as such) but think what you will - just because you have had negative experience of social workers in you and your childrens lives for some's 11 years does not automatically transfer to the OP's predicament. I do have some relevant knowledge as to how the Child Protection system works, hence my questionning to the OP - this was not to pick holes in his case but to gain a better understanding as to the serious situation he finds himself in and to give honest advice which the OP has asked for by virtue of his posting.

    OP, best of luck. I'm not going to post on this thread again but, again, you are v welcome to p.m me.


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  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Offy wrote: »
    I couldnt disagree with you more. I am a male lone parent for the last 11 years. 11 years ago after my ex-wife threw our three children out on the street she accused me of child abuse. I have put up with all sorts of rubbish from social workers that female lone parents dont have to put up with and Im not alone. John Walters, Bob Geldoff and others have highlighted the abuse male lone parents suffer from both the HSE and the Irish court system. Based on that experience alone I completely disagree with that you have just said.

    OP please trust me, record every conversation you have with social workers and tell them BEFOREHAND that you are recording the conversation for your defence. Once they think they will be held accountable in court for their actions you will find their attitude towards you will change. I requested a section 20 report be prepared some time ago, the judge in the case agreed and granted an interim access order while it was been prepared. He said that the access was only to take place if the children wanted it which they didnt. The HSE got documentation from the courts telling them to conduct the section 20 and telling them that an interim access order was in place but it did not mention that it was at the childrens discretion. One of the HSE employees insisted that the children had no choice the access. She was that forceful that she reduced two of my children to tears. I told her that the judge said it was up to the children, she refused to believe me and refused to verfiy the conditions of the court order with the courts. If that isnt prejudice then I dont know what is. My son slit his wrists rather that put up with access that he did not want. Luckily no serious damage was done.

    cutymonalisa and Justask really seem to be either trolls or people that have never been on the receiving end of the HSE. I have been on the receiving end right up to the point that I said I was going to sue for the distress the HSE caused my children. Since then I have not had to attend so much as one interview to discuss my children, these 'interviews' which were not sanctioned by the courts I might add, never did so much as one thing to help my children. If the HSE in Ireland did anything to protect children then how on earth were so many children abused while in care? Im afraid the courts will not listen to you OP unless you have evidence so record all conversations with HSE employees.

    It really seems to me that the HSE do not follow their own procedures (see previous post for link to their procedures) so the next time they mess up you have to bring it up in court. You have to present evidence to the judge. Once you have evidence to support your claim then the courts cannot refuse to return your children. Are all the social workers you deal with female or are any male?

    There all female, as I would expect. Only the main leader is a man, that's it.

    The good thing is though, I have it in writing that both children want to come back to me for living in all the reports they have presented so far, but doing barely nothing towards that..:(

    I'll have them nailed down at the next court hearing, no worries there what so ever. My solicitor and I have made up our own report, based on written facts, so the HSE has nothing to laugh about then.

    They have clearly broken the court rules regarding access, written proof is there, much better then any recording. :)

    Further more I still have all the papers from what the german court ruled in 2005, 2007 and 2008 in regards to the mother. I'm only hoping that I will have the same outcome here as I had back in 2008, when the teamleader that time in germany got thrown out of the job by the judge, becasue they tried the same thing then as there are doing here now.

    They also could not present anything against me, when the case was up at that time and they broke also access rules set by the judge in court.

    History repeats itself... unfortunately...


  • Closed Accounts Posts: 1,007 ✭✭✭Dodd


    You wrote.
    The current interim order was only till the 19th of this month officially. So, legaly I think the HSE does not have anymore rights to hold the children back as they are doing.

    If that is true then you should ask for the kids back and if they say no then call the police to go get them with you and have the interim order with you.
    Well that's what I would do.


  • Registered Users, Registered Users 2 Posts: 43,311 ✭✭✭✭K-9


    I admire your resolve and determination jordy1, must be difficult on your own in a foreign country with not that much support.

    Keep the determination, the fight and optimism and things will work out.

    There have been cases of false allegations made to the HSE and some people believe the saying we have here, "no smoke without fire". They forget that they are just allegations, the HSE has to investigate but that does not mean there is any truth in it.

    Abuse is a very serious allegation these days, particularly against men. Personally I think if somebody makes a false allegation these days it should carry a prison sentence, it can destroy reputations and lives.

    Mad Men's Don Draper : What you call love was invented by guys like me, to sell nylons.



  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Dodd wrote: »
    You wrote.
    The current interim order was only till the 19th of this month officially. So, legaly I think the HSE does not have anymore rights to hold the children back as they are doing.

    If that is true then you should ask for the kids back and if they say no then call the police to go get them with you and have the interim order with you.
    Well that's what I would do.

    That's correct that the order was only till the 19th. The HSE wanted to apply for an extension till the 5th of November, but the case was not brought up on the 19th in court, instead it was ajorned till the 20th of September.

    From my point of few this is now a grey area legally. Unfortunately my solicitor will be on holiday from tomorrow and not be back till end of august.

    Also it would not be the best for the children to be strait ripped out from the fosterparents.

    Not a good Idea, the other downside on this is, the that children are in seperate placings as well, luckily with the same town I live in, as they don't get on aparrently, which I can't see when they at the house here with me together and my new GF.

    My GF is saying the same ybout the whole situation and the HSE seem to try now and put her compleately in the picture for not increasing access.

    The best thing was when they asked me for a garda clearance from her from germany. I asked them back to show me that in the Irish Law and nothing further was mentioned on that case.

    Ans yes, she is german as well, but known her for good 20 yrs now, as we spent also some time to gether in a care home, when we were teen's but had only lost contact till last year, thanks to the net ;)

    The HSE wanting to meet her as well on a seperate basis, they just gonna get a good ear full from her, big :)

    The kid's already stated that they want her to live with us as well, so all the ice between them is broken and what's more, we have made ton's of pic's together when we were out 3 weeks ago on the beach.

    Also she was there with me at the last meeting with the HSE, when they were lost for word's at the end of it, cause they know exactly what they have done wrong against me and the children.


  • Registered Users, Registered Users 2 Posts: 4,503 ✭✭✭smelltheglove


    K-9 wrote: »
    Abuse is a very serious allegation these days, particularly against men. Personally I think if somebody makes a false allegation these days it should carry a prison sentence, it can destroy reputations and lives.

    Too true K9.

    OP I wish you the best of luck, fingers crossed this gets sorted. The mother does seem to get preferrential treatment here, we have sooooo many posts about fathers trying to fight for their rights and it is completely unfair. Myself and my siblings were raised mainly by our dad and he was a fantastic parent,thankfully he did not have to go through any of this.

    I think recording the conversations from now on is a very good idea, of course if you do so you do legally have to inform the people before you continue with it.


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  • Closed Accounts Posts: 1,007 ✭✭✭Dodd


    I had to go to court many times for the kids and an interim order was set in place only until the next court date if I remember right.
    The court would not set an interim order in place that did not last to the next court date.It would not make sense.
    I never had to deal with the HSE so that could be a different thing altogether.
    I still have all the documents and I will check.


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Just found this on the net, it shows clearly what the mother of my children is trying to do to them and me:

    http://www.keepingfamiliesconnected.org/ParentalAlienation/Levels.html


  • Closed Accounts Posts: 23,862 ✭✭✭✭January


    Sorry OP but it looks like I'm going to have to close this thread, as the case is ongoing it could be seen as contempt of court discussing it like this.


This discussion has been closed.
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