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P.O Box 30080-00100,Nairobi, Kenya.
Telephone number: 0203222111, 0719012111
Email: corporate@standardmedia.co.ke
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Ireland: The two-year-old boy was born in 2012 after his 13-year-old mum became pregnant by her 15-year-old brother.
The teenage boy disputed he was the father, but DNA testing proved the baby was his son.
A High Court judge has now ruled that the agreement of the toddler's mother to a freeing order can be dispensed with because she is incapable of giving consent, the Irish Mirror reports.
Mr Justice O’Hara's verdict came in a case involving family circumstances described as “depressing” and “hugely unsatisfactory”.
Both the mother and her son were taken into care - in different settings - within months of the birth. With no suitable family arrangements available, the toddler has since been placed with another couple.
The Trust involved in the case sought a freeing order on the basis that it is in the boy’s bests interests to be adopted - a view the judge held to be clearly correct.
Although the child’s father took little part in the proceedings, Mr Justice O’Hara had to decide whether the mother’s agreement should be dispensed with because she is incapable of giving consent or whether she is unreasonably withholding consent.
Now aged 16, the court heard she has had an “exceptionally difficult life” with recurring social services involvement due to a variety of concerns about her, her siblings and her mother and step-father.
“None of this is her fault - she is a victim of the way in which she was raised,” the judge said. “It is hard to identify any positive life experience which she has enjoyed.”
An educational psychologist’s report on her mathematical ability found only 3% of pupils the same age would have scored the same or lower on a numerical operations test and just 16% on reasoning. She produced stronger results on reading and spelling abilities.
With staff at her children’s home categorising her as “a very vulnerable young girl”, the judge also detailed a consultant child and adolescent psychiatrist’s report which “sets out in grim detail how miserable her life has been”.
The expert stated: “She is not in a position to fully understand the possible consequences of the various decisions which have to be made for herself and for the boy.
“Her reluctance to fully engage in the assessment process is one manifestation of this but the history and her responses during interviews have also informed my opinion in this regard.”
Based on her reports Mr Justice O’Hara ruled that the mother is not competent to make a decision on whether the child should be adopted.
In a judgement made public last week he said: “She is undoubtedly capable of making some decisions as is shown by some elements of the psychological assessment but not a decision which is of a magnitude and which has the consequences of the present one.
“It appears to me that this finding on her competence undermines the proposition that she can be properly regarded as unreasonably withholding her agreement to adoption.”
The judge confirmed: “I am satisfied that the agreement of the mother to the making of an adoption order for the child should be dispensed with because she is incapable of giving her agreement.”
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The Standard Group Plc is a multi-media organization with investments in media platforms spanning newspaper print operations, television, radio broadcasting, digital and online services. The Standard Group is recognized as a leading multi-media house in Kenya with a key influence in matters of national and international interest.
Standard Group Plc HQ Office,
The Standard Group Center,Mombasa Road.
P.O Box 30080-00100,Nairobi, Kenya.
Telephone number: 0203222111, 0719012111
Email: corporate@standardmedia.co.ke
2015 Toyota Aqua
Mileage : 0
Transmission : Automatic
Registration Year:2015
Price: KES 1,200,000
2015 Nissan Dayz
Mileage : 0
Transmission : Automatic
Registration Year:2015
Price: KES 750,000
3
Four Bedroom Townhouse For Sale in Kitengela
House
Type:Four Bedroom Townhouse For Sale in Kitengela
Offer
Type: sale
KES 16,000,000
3
3 Bedroom House For Sale in Kitengela
House
Type:3 Bedroom House For Sale in Kitengela
Offer
Type: sale
KES 8,500,000
3
Four Bedroom Mansionnett For Sale in Kitengela
House
Type:Four Bedroom Mansionnett For Sale in Kitengela
Offer
Type: sale
KES 30,000,000
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More stories to check out before you go
Ireland: The two-year-old boy was born in 2012 after his 13-year-old mum became pregnant by her 15-year-old brother.
The teenage boy disputed he was the father, but DNA testing proved the baby was his son.
A High Court judge has now ruled that the agreement of the toddler's mother to a freeing order can be dispensed with because she is incapable of giving consent, the Irish Mirror reports.
Mr Justice O’Hara's verdict came in a case involving family circumstances described as “depressing” and “hugely unsatisfactory”.
Both the mother and her son were taken into care - in different settings - within months of the birth. With no suitable family arrangements available, the toddler has since been placed with another couple.
The Trust involved in the case sought a freeing order on the basis that it is in the boy’s bests interests to be adopted - a view the judge held to be clearly correct.
Although the child’s father took little part in the proceedings, Mr Justice O’Hara had to decide whether the mother’s agreement should be dispensed with because she is incapable of giving consent or whether she is unreasonably withholding consent.
Now aged 16, the court heard she has had an “exceptionally difficult life” with recurring social services involvement due to a variety of concerns about her, her siblings and her mother and step-father.
“None of this is her fault - she is a victim of the way in which she was raised,” the judge said. “It is hard to identify any positive life experience which she has enjoyed.”
An educational psychologist’s report on her mathematical ability found only 3% of pupils the same age would have scored the same or lower on a numerical operations test and just 16% on reasoning. She produced stronger results on reading and spelling abilities.
With staff at her children’s home categorising her as “a very vulnerable young girl”, the judge also detailed a consultant child and adolescent psychiatrist’s report which “sets out in grim detail how miserable her life has been”.
The expert stated: “She is not in a position to fully understand the possible consequences of the various decisions which have to be made for herself and for the boy.
“Her reluctance to fully engage in the assessment process is one manifestation of this but the history and her responses during interviews have also informed my opinion in this regard.”
Based on her reports Mr Justice O’Hara ruled that the mother is not competent to make a decision on whether the child should be adopted.
In a judgement made public last week he said: “She is undoubtedly capable of making some decisions as is shown by some elements of the psychological assessment but not a decision which is of a magnitude and which has the consequences of the present one.
“It appears to me that this finding on her competence undermines the proposition that she can be properly regarded as unreasonably withholding her agreement to adoption.”
The judge confirmed: “I am satisfied that the agreement of the mother to the making of an adoption order for the child should be dispensed with because she is incapable of giving her agreement.”
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I have been married for 5 years. Our sex life was very lusty and fulfilling when we first met - but it soon settled down to having sex once a month after a drink.
My husband is a loving man but is not demonstrative. We have chatted about the lack of sex in our relationship but end up going around in circles I was happy to go through this until we were both ready to sort it out, until last year. We usually have a drink every weekend and I often fall into a deep drink induced sleep
But I began waking in the morning feeling sore down below. I had the feeling that I had had sex but did not remember - I would ask my husband if we had sex the night before and he would say no. This continued every time I fell asleep after a drink and I could not work out why.
One night just out of curiosity I went to bed first as normal but decided to pretend to be in a deep sleep (I made sure I did not have a lot to drink) to see if anything was going on. My husband came to bed and within 15 minutes just as I was drifting off he started to touch me, and went on to have sex with me. He clearly didn¿t want me awake.
The next day I asked my husband if we had sex, and he said no! I was disgusted and felt violated and had to face him about it in a way he could not deny it. So I waited until next time pretended I was asleep again - but this time half way through I just pretended to wake and asked him what he was doing.
He came up with every excuse under the sun other than admit to what he was doing. He was distraught and said he would cut his hands off before touching me without my consent in that way again. I was very upset that he was getting off on this kind of sex preferring that to the loving intimate adventurous sex life I was trying to get back. He promised it would not happen again.
Now I cannot relax and feel I daren't have a drink in case he does those things and I get that horrible sinking feeling again the next morning. As I see it he would rather jump all over me and enjoys the fact that it is without my consent or involvement. Our sex life, or lack of it, really is not a problem but what he did when I was in a deep sleep does.
I cannot fathom out why he says he has such a hang up about sex, but can have sex with me when I am asleep.
Please help this resentment is destroying my respect for him and I feel raped and violated and have told him so. I feel I cannot confront him again about this. I got nowhere last time.
He gave me empty promises saying he would never do it again. Does it make me just as bad because I am aware it is happening and have not confronted him about it this time?
Am I consenting in a way? I am 34 and my husband is 40.
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Published by Associated Newspapers Ltd
Part of the Daily Mail, The Mail on Sunday & Metro Media Group
The Standard Group Plc is a multi-media organization with investments in media platforms spanning newspaper print
operations, television, radio broadcasting, digital and online services. The Standard Group is recognized as a
leading multi-media house in Kenya with a key influence in matters of national and international interest.
Standard Group Plc HQ Office,
The Standard Group Center,Mombasa Road.
P.O Box 30080-00100,Nairobi, Kenya.
Telephone number: 0203222111, 0719012111
Email: corporate@standardmedia.co.ke
More stories to check out before you go
Three years ago, I lost the man I loved the most in this world. We had been married for 23 years and sadly, he passed away after a prolonged illness. However, he left me with the most precious gift any mother could ever wish for, my daughter Whitney 17.
She is the closest person to me and I would do anything for her but recently, something happened that has left my heart shattered in pieces.
Early last year, I met the most loving and amazing man. He asked me out a couple of times and before I knew it, we started dating. The man is extremely wealthy and quite powerful at the same time. A few months later, he proposed to me and I agreed.
We got married at the end of the year and I was so happy that I was able to finally move on. My daughter and I moved into his mansion in Karen and it felt like the best moments of my life.
Whitney was already done with high school and thus, she was at home waiting to go to campus. Her step father took her to driving classes after buying her a posh car. She was very happy since she was been treated like a princess. She was given everything she asked for, they were close.
After few months of living with him, I started to notice a queer relationship between my husband and my daughter. They gave each other strange glances during dinner and very long hugs before going to bed. At first I just assumed it was the normal father- daughter relationship but later, I realized it was more than that.
I came home one day to find my husband touching my daughter in a very romantic way. To say that I was shocked is an understatement. My daughter did not resist, in fact she was laughing in a manner that suggested she was enjoying it.
I tried to confront my husband and my daughter but they didn’t seem to care. Instead, my husband threatened that if I said anything he would take my daughter away and I would never see her again. My heart is broken into pieces that can never be mended.
They both sleep in the same room and there is nothing I can do about it. I love my daughter but what she has become makes me feel like a failure. I want to expose my husband but he is wealthy and powerful, and I am afraid that I would never see my daughter again. What should I do?
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