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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 Succeed
Mileage : 40900
Transmission : Automatic
Registration Year:2015
Price: KES 890,000
2009 Toyota Axio
Mileage : 108000
Transmission : Automatic
Registration Year:2009
Price: KES 780,000
3
Three Bedroom House For Sale
House
Type:Three Bedroom House For Sale
Offer
Type: sale
KES 7,250,000
3
Three Bedroom Mansionnett For Sale in Kitengela
House
Type:Three Bedroom Mansionnett For Sale in Kitengela
Offer
Type: sale
KES 15,900,000
3
Townhouse For Sale in Rimpa Ongata Rongai
House
Type:Townhouse For Sale in Rimpa Ongata Rongai
Offer
Type: sale
KES 32,000,000
join Digger Classifieds telegram channel
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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Can hardly believe I'm writing this but after a week of hardly no sleep and relationship at breaking point, I need more outside advice. My daughter turns 14 in December. At the beginning of May this year, 5 months ago, she started her first relationship. This boy is 2 school years above her, it works out about 18 months older than her. They had been "talking" on and off for about 6 months prior to going official, so by the time they went official, they were already pretty close. I met him almost immediately, we are a large, close family and I always wanted my kids partners to be welcomed and for us all to get on. Especially with her only being 13, I needed and wanted to get to know this person well, who she was starting to spend a lot with. I am a very open and honest mum and have always spoke openly with my kids about anything they wanted to talk about.. My thinking has always been, if they are asking, they are wanting to know, and if they can't ask me, they will ask someone else, who may not know themselves. I warmed immediately to this boy and he fit really easily into the family. It was like he'd always been here. I genually care about him. I spent a lot of time with my daughter and boyfriend, we all got on great. We were always chatting about anything and everything. I was able to speak openly to both of them about her only been 13 and said that they could come to me about anything and I would be supportive. They both constantly reassured me that they weren't ready for anything sexual and they felt comfortable enough to talk to me when they felt things were progressing. I must admit, I found myself stressing out numerous occasions, worrying about what if etc and when this happened, I would speak to them about what was on my mind. I truly, 100% believed that I had done everything in my power, to connect with two love struck teenagers and constantly prided myself on the fact that we had a great relationship. I felt lucky that my daughters first love, wasn't an absolute nightmare, but a boy who genually wanted us to like him and be part of the family. Last Wednesday night I was driving him home, only us two as my daughter wasn't feeling well, when out of the blue he said he needed to tell me something. He confessed that they were having sex. That they had been the entire time and he couldn't carrying on lying to me anymore. He said that by the time he met me and got to know me, they had already had sex and by the time he realised they could of actually talked to me, the lies had got bigger and it was too much. Also my daughter had promised him never ever to tell me as I would stop them seeing each other. Apparently a condom broke on them (don't even believe they have been using them) and they had to do a pregnancy test. My world literally stopped that night. I felt like I was in another universe. I can't believe this is happening to us. The amount of lies my daughter has told me, is actually unforgivable. I just can't look at her in the same way at all. We just don't lie and the amount of lies she's told me, is just totally heartbreaking. I've spoke to her once about it, I was calm, matter of fact and blunt. When I really wanted to slap her, scream in her face and call her every name under the sun. She didn't speak just listened and then went upstairs crying. The next day I took her to our doctors, who put her on the pill and I made her do a pregnancy test, which was thankfully negative. We haven't spoken since. I just can't. And she hasn't tried. My hurt is running so deep inside me, it's like its changed me and how I feel about her. I've asked the boyfriend not to come round as seeing them here together just reminds me of what I thought we all had, and the amount of lies they have told. I have still been allowing her to his house, which is causing me some dilemma. I don't want to ban them seeing each other as they go to the same school anyway, plus they are that consumed with each other, I worry if I push them apart, they may do something stupid. I just can't see a way forward at all. The boyfriend has contacted me since and strangely enough, although I'm angry and upset they have done this so young, and the lies he has told me hurt, I can actually see his point of view. He was in a difficult position and not many 15 year olds would confide in their girlfriends Mum about this, I don't think. It's just the daughter. When I'm dropping her off, I'm thinking about, am I dropping her off for sex? When I'm picking her up, I'm thinking has she been having sex. Doing her washing and seeing a mark, thinking is it semem. I feel like I'm truly loosing my mind and can't think straight. Does anyone ever accept the fact their kids are having underage sex? Anyone that has gone through this and come out the other side, I would so appreciate your advise. This is the longest we have gone not speaking and I don't know how we can ever get it back.
Hi Kirsty, sorry but reading this it really seems you are the third wheel in their relationship. I think you need to back off a little, it's done now, you can't turn back time and erase the fact they have been having sex. I think it's amazing that actually you have taken this boy in and while yes she is 13, she is having sex in a relationship and now, protected. You will never be able to stop them having sex I'm afraid unless you break them up! Which i wouldn't say is the best idea. Life is too short not to speak to your daughter. Lots of teenagers are out sleeping around and doing whatever and she isn't!
Hi, I agree with Sarah. What's done is done now and don't let this get in the way of the fantastic relationship you have with them both. At least you know him and she's in a caring and loving relationship. Would you rather it happened this way or when she was older with someone you've never met or just doing it because everyone else was. I know it's easier said than done to let it go but I'm sure she couldn't tell you as she didn't know how you'd react or she didn't want to hurt you. Talk to her and trust her, it'll make your relationship even stronger. The last thing you want her to do is to start deliberately lying to see him. My mum was devastated when she found out I was having sex. She too found out through my then boyfriend. She was more hurt I didn't tell her and I didn't tell her because I wanted to stay her little girl. And now, we're so close - I tell her everything I still even now in my thirties want to be my mums little girl and hate disappointing her x You will get through this x
I'm sorry you are going though this. I would find it very hard with a 13 year old having sex too. But I don't agree that it's the norm nowadays.
Agree with above, you shouldn't push her away now. It's done, she obviously felt too scared or ashamed to tell you. And although I thinks it's FAR to young, you've done the right thing getting her on contraception. Good on him for being sensible (ha) enough to tell you before she did end up getting pregnant, give him abit of credit for being honest. I also think if this was my daughter I would rather she were having safe sex, she's going to do it whether you like it or not. But in saying that, I can imagine how you must feel, I would want to lock my daughter in her room!!
Your 13 year old sounds to be in a wonderful relationship which is rare for their age - going on a year long! Sure they had sex, but as much as you want to be open with your mum it's pretty embarrassing to find the right time and say they've done it - especially at such a young age. They dug themselves into a hole, one came clean, and now she's protected and you're aware. So move on? She knows you're mad she lied, but honestly she was in a pretty awkward situation. Teenagers hide stuff even if they don't need to, they're hormonal and they're embarrassed and as cool as parents say they will react - they might be scared of how you will actually react when it's told. They both clearly wanted to tell you but had dug themselves into such a hole, and then when the truth finally comes out you want to slap her? You're scaring her off from telling you stuff in the future, when instead you should be saying how glad you are that the truth is out etc etc. Stop punishing your daughter for being a teenager .
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Hi Kirsty, I think you have handled the situation very well. I would be the same, absolutely devastated at the lies and deceit - more so than the act itself maybe? These types of threads are always very divisive, some people think that 13 isn't too young, as if it's happened, it's happened. Personally I think it's way too young. I know it does happen, but at 13 it's not the norm. Most teenagers that age do not have sex. You can only go with what you believe is right. Personally I would stop her visiting his house, yes they can see each other in school, but that would be enough until she is older. If they are meant to be, they will still be together in a years time when she us 15 and you might reconsider. If he is as mature as he sounds, he will be ok with this. Good luck.
Thank you everyone for their comments. Must admit some felt quite harsh but I guess that's what happens when you put yourself out there, when you are at your most vulnerable. I have taken on board people's comments regarding me pushing her away. It was just my way of not saying something I couldn't take back. So this morning I made an effort over breakfast and complimented her hair and spoke about things in general. A very small thing, but a step in the right direction hopefully. And just before the school run she shouted me into the bathroom to tell me her period had started, so I took a deep breath and went for her contraceptive pills which she now needs to start. Maybe if we hadn't chatted over breakfast, she maybe wouldn't of dared mention her period? So this morning has gone well. Small steps every day I guess.
I have to agree with Anne. My feeling is that 13 is way too young for a sexual relationship. I have teenagers too and very few ( in fact I struggle to think of any) of their friends were
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