Ms. Justice O’Malley recently delivered a decision in the case KA v Health Service Executive in respect of an application by the latter for an extension of an Interim Care Order. The High Court in particular addressed the issue of the evidence required in an application for an extension of an interim care order. The case concerned the mother of two children, aged 10 and 12, who had been in the care of the Health Service Executive under interim care orders since 2011. The Judge held that in each court application for an extension of an interim care order, the court must be satisfied that the statutory criteria continue to exist for the making of such an order and furthermore held that the court must be provided with oral evidence from the Health Service Executive on each such application so that same can be tested by any party opposing the application.
For further information please contact Sarah Ryan, Solicitor, Family Law Unit.