Ukrainian orphan threatened with return to war, Kildare court hears

IN a very sad example of the system working as it should, an orphaned Ukrainian war refugee in Kildare was persuaded to go to her school’s guidance counsellor to report physical abuse from her guardian, and two days later a judge granted an emergency care order.

This difficult case was heard behind closed doors in front of Judge John Brennan in Naas District Court, without the necessity of the child having to be present.

A solicitor for Tusla, the Child and Family Agency (CFA), told the court that she was applying for an Section 13 extension on the Section 12 emergency care order that was originally granted two days previously.

The technical difference is that the two gardaí whose word was enough to grant the original care order were unable to attend the extension hearing due to other commitments, so the state was applying under Section 13, where the testimony of the child’s key workers could suffice.

The CFA solicitor told the court how the child’s two parents were dead and that the guardian was “testamentary”, that is someone who made a promise to the child’s dying mother to take care of her. The solicitor alleged physical and verbal abuse, and called on the social worker with whom the child confides.

Aideen Connolly explained how her office had got a call from the child’s school head “concerned about abuse on a child”.

“The (named child) disclosed physical abuse, name-calling … and refused to go home to the guardian, and did not feel safe in this environment,” said Ms Connolly.

“We went to the garda station for an Section 12 application for an emergency care order, but neither of those guards can be here today due to other commitments,” she said.

“And the nature of the alleged abuse?” asked the judge.

“(Named child) took an Easter egg, and (named guardian) pushed them against a bed resulting in an alleged bruise, but I didn’t see that,” said Ms Connolly.

“There are also allegations of being slapped regularly, and lots of verbal abuse.”

Ms Connolly told how the guardian also alleged that because of their status here, they could be sent back to the war zone, and the child thought this meant they’d be sent back on their own.

Next up was the school’s guidance counsellor who can’t be named, but corroborated Ms Connolly and added a detail to the alleged emotional abuse.

“The (named guardian) would get angry at meals, saying: ‘you eat like a pig’,” alleged the guidance counsellor.

The counsellor revealed the child alleged they were forced into punishment push-ups and was slapped on the face when refused.

“Humiliation on the press-ups was my opinion,” said the counsellor; however, she agreed with David Powderly — solicitor for the guardian — who put it to her that: “There has to be a line drawn between what they told you and what your inferences were?”

The counsellor told the court the child has not since returned to school, but also that there had been “no deterioration in the school work … and (named child) is a very hard worker, a very quiet child, mostly found at the bottom of the stairs, but has made a friend who encouraged them to come forward”.

“After coming to speak with me they seemed happier,” said the counsellor.

“The grades are good and my client does not want to force (named child) to do something they don’t want to do,” said Mr Powderly.

“I do accept there is a degree of danger, and these are extraordinary circumstances involved, but we have no evidence of (named child) being affected by what’s happened,” said the judge.

“Okay, they say they’re afraid, but are getting good grades ... But the evidence here can’t be contradicted.

“Fears of a return to Ukraine, press-ups, slapping, and not just slight pushing, but putting hands on that caused the child to fall over and get bruises, so I’m satisfied there are concerns for (named child) and I think they should continue to stay away from the guardian’s residence,” he concluded.

The judge granted the extension for another week until 8 May.