Mum made daughter write false sex allegations against dad in diary, court hears

The parents of the girl are estranged

A mother made her daughter write out “terribly elaborate and grossly inappropriate sexual allegations in a diary" against her father, a court has heard.

At the Family Law Court, a TUSLA social care worker told Judge Alec Gabbett that the girl admitted to Garda specialist interviewers in July of this year that she had fabricated the sex abuse allegations against her father.

The TUSLA social care worker told the court at the Garda interview, the girl stated that she fabricated the allegations against her father “because her mother asked her to say such things otherwise she would get into trouble”.

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The social care worker told the court that the girl had made this disclosure to herself before the Gardai specialist interview where she repeated that the allegations were fabricated. The TUSLA worker replied ‘yes’ when Judge Gabbett asked her “do you think the entire thing is contrived based on your clinical opinion?”

The TUSLA social care worker said Gardai have closed the file and the girl is happy and safe living with her father. The parents of the girl are estranged and in court Judge Gabbett made an order awarding sole custody of the girl to the father.

The parents contested custody of the girl at a court hearing earlier this year and Judge Gabbett said that he was making the custody order in favour of the father after hearing the new TUSLA evidence.

Judge Gabbett said that he was making the order on the basis that at a Garda specialist interview the girl said that she fabricated the allegations against her father because her mother asked her to stay such things otherwise she would get into trouble. The judge said: “At Garda interview she has admitted on video that it is all made up.”

Judge Gabbett stated that TUSLA regard the treatment of mother against daughter concerning the false sex abuse allegations as intentional emotional abuse where the mother “made her write out terribly elaborate and grossly inappropriate sexual allegations in a diary”.

Judge Gabbett said that TUSLA has concluded that it is “very happy with the child in Dad’s care and that she is very safe in his care”. Judge Gabbett said that the mother in the case was not able to come to court due to medical reasons - the father was in court and legally represented by solicitor, Pamela Clancy.

Judge Gabbett said that he was previously in a position to make a ruling on custody after hearing evidence from mother and father but had not done so due to the unavailability of the mother but in light of the new evidence, he said that the case had to be moved on.

The TUSLA social worker said that mother made severe allegations of sexual abuse against father in May of this year concerning their daughter.

The social worker stated that “mother presented a diary of over 40 records of physical abuse, most of them sexual abuse, very graphic sexual abuse outlining different sexual practices that could never have come from a child”.

She said: “This was our major worry actually - who has produced these allegations and who could have written them down?” The TUSLA social worker said that TUSLA assessment changed from allegations of sexual abuse by the father to emotional abuse by the mother.

The social worker says that since making the severe allegations against Dad, mother is not contactable. The TUSLA worker said that mother has made no effort to see her daughter in recent months or has not availed of any access.

The social care worker said that she told the mother that her child “is suffering and she wants to see you and she wants to talk to you”. The social worker said that the mother “has abandoned her child”. The TUSLA worker said that TUSLA regard the case closed concerning the father - the court was told that the father is doing "a brilliant job".

Judge Gabbett said that arising from the false allegations made, the daughter was subject to a Sexual Assault Treatment Unit (SATU) examination which he said are intrusive by their very nature and in this case “un-uncessary”. Judge Gabbett said that a multi disciplinary team made up of TUSLA, Garda and SATU and CARI representatives has recommended that the girl commence trauma therapy.

Judge Gabbett described the TUSLA social worker’s report in the case as “as incredible report”. He said: “It so badly needed in a case like this and has given me the clarity I need to make a decision.” The family law dispute between the estranged couple over access, maintenance and custody has appeared numerous times before Judge Gabbett and he said that his court file on these matters “is nearly 10 inches high”.

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