The High Court has ordered that plans to return two children from foster care to their parents on 23 August be postponed until an application to make them wards of court is heard.
The judge hearing the case said some of the evidence in affadavits submitted to the court was the most disturbing he had seen in 20 years on the bench.
The children who are both under 10 years old have been in foster care for four years but there has been increasing access for their natural parents including overnight access.
The Child and Family Agency told the High Court that there is a plan underway to reunify the family and this is due to culminate in the return of the children to their parents this Tuesday 23 August.
But the children's foster parents are opposed to this and are applying to have the children made wards of court.
The Child and Family Agency has requested that the High Court allow the plan to return the children to their parents to proceed as scheduled pending the outcome of the wardship application.
It argued that a delay would create uncertainty which would be damaging to the children.
But Ms Rosario Boyle SC, acting for the foster parents, said gardaí have concerns about the return and these relate to sexual abuse, cruelty and neglect.
Gardaí are prosecuting a member of the paternal family with whom the parents no longer have any contact.
President of the High Court Judge Peter Kelly said he would have concerns even regarding overnight access and he did not believe that a short delay while the court application is heard would be as detrimental as argued and it should be kept in mind how damaged the children are.
The Child and Family Agency said there was no basis for concern on overnight access.
It said there had been constant access for the natural parents while the children were in care and this had been successful. It said that one of the children has expressed a wish to live with the birth parents.
Judge Kelly set 8 September as the date for a full hearing of the case and ruled that family reunification should be delayed until the case is decided.
He said on the issue of overnight access for the birth parents before 8 September, he would like to have details of the plans of the Child and Family Agency and what safeguards would be in place.
After a short adjournment the agency said the overnight access was in the context of a planned return the parents and as this is now on hold there are no plans for overnight access before 8 September.
Judge Kelly allowed daytime access on the basis it was supervised.
