MID WESTERN HEALTH BOARD v Bord Uchtála

• Jurisdiction: Ireland
• Judge: MR JUSTICE DECLAN BUDD
• Judgment Date: 05 July 1994
• Neutral Citation: 1994 WJSC-HC 3640
• Court: High Court
• Date: 05 July 1994

1994 WJSC-HC 3640

THE HIGH COURT

No.261 Sp/1993

MID WESTERN HEALTH BOARD v. BORD UCHTALA

IN THE MATTER OF THE ADOPTION ACT 1988

AND IN THE MATTER OF J.C. AND C.C. MINORS

BETWEEN

MID WESTERN HEALTH BOARD

Applicant

AND

AN BORD UCHTALA

Respondent

TRANSCRIPT OF JUDGMENT

Citations:

ADOPTION ACT 1988

ADOPTION ACT 1988 S3

ADOPTION ACT 1988 S3(1)

Synopsis:

ADOPTION

Marriage

Issue - Child - Parents - Separation - Fosterage - Application for adoption order - Application made on behalf of foster parents - Child aged 17 years - Adoption Act, 1952. s. 10 - Adoption Act, 1988, ss. 2, 3 - (1993/261 Sp - Budd J. - 5/7/94)

|Mid Western Health Board v. An Bord Uchtala|

1 BEFORE THE HONOURABLE MR JUSTICE DECLAN BUDDON5TH JULY 1994

APPEARANCES

For the MWHB:

John Rogers SC

Andrew Sexton BL

Instructed by

Leahy & O'Sullivan

For An Bord Uchtala:

Nastaise Leddy BL

Instructed by

Michael A. Buckley

For the Natural Parents:

Anne Dunne SC

Pat Quinn BL

Instructed by

Joseph Chambers

2 I have great sympathy for the views expressed by Mr C. in relation to his predicament in 1981 when there was a parting of the ways between himself and his wife. At that time he was faced with an impossible situation in having to look after five children ranging in age from Aidan, who was born on 18th March 1975, to Joseph, who was born on 8th August 1980. As he has told me, he sought advice and assistance from the local curate, Fr Sexton, which was a very sensible thing to do. While he had been working at Moneypoint and was no doubt earning good money there, Mr C. was faced with having to cope with the five young children on his own and I think that he was absolutely right to approach the local curate and to make arrangements for Aidan and Joanna to be looked after by a family and for the other children to be looked after in the Good Shepherd Convent.

3 Initially the two minors in this case were with a family called Haskett and were subsequently placed with Mr and Mrs S. with whom they have now been residing for many years. They are now of an age when they are going to make up their own minds as to what they are going to do with their lives and as to where they are going to live. In this case the natural parents know that C. (born on 7th April 1977) and J. (born on 5th February 1978) are in a good family and they are obviously two well brought up, healthy and good-looking youngsters.

4 I have had the benefit of hearing the two prospective adoptive parents. They are obviously two decent and honourable people and their lives are now inextricably intertwined with the lives ofthe two minors whom they have been bringing up as long-term fosterchildren.

5 As our Constitution puts emphasis on the family, I think it is entirely natural that a change in the law has been brought about after very considerable effort by the then Attorney General, among others, because there were perhaps 800 or more children of lawful marriages in institutions in this country, children who were being deprived of the chance of having the loving relationships which a family unit canprovide.

6 Unfortunately, there were unhappy differences between the natural parents in this case and I think that Mr C. acted in the best interests of the children when he took advice and they were put out to be fostered. At that time the social workers would almost certainly have told Mr C. that there was no question of his children being adopted, as he said. At the time the social workers would have been well aware of the fact that under our law it looked to be an...