| |
|
| |
| IRELAND AND CHILD ABDUCTION |
| |
| There has been an increase in the abduction of children across international boundaries in recent years. Within this jurisdiction child abduction has reached an all time high. In 2006 there was approximately 111 new cases of child abduction in this jurisdiction. These statistics are incomplete in that they failed to include children taken to Muslim countries and outside the remit of both The Hague and Luxembourg conventions. | | | | Ireland is a signatory to both The Hague and Luxembourg conventions and these conventions have been incorporated into Irish Domestic Law by the Child Abduction and Custody Orders Act 1991. Ireland also comes under Council Regulation (EEC) No. 2201 – 2003 of the 27th November 2003 concerning jurisdiction and the recognition and enforcement of Judgments in Matrimonial matters and in matters of parental responsibility. | | | | An Application in respect of a child abducted into this State must be addressed to the Central Authority for Ireland. Their contact details are as set out below: | | | Department of Justice
Equality and Law Reform
Bishop Square
Redmond Hill
Dublin 2 |
| |
|
| |
|
| |
An Application Form for the submission to the Central Authority is available on the above website. In Ireland Child Abduction Legal Services are arranged by the Irish Central Authority exclusively through Legal Aid Solicitors in Law Centre provided by the Legal Aid Board.
The Legal Aid Board can be contacted at the following address: |
| |
Head Office
Quay Street
Cahirciveen
County Kerry |
| |
|
| |
|
| |
| Solicitors in Private Practice can be instructed in the following situations. Where a parent chooses not to avail of legal services through the Legal Aid Board. Where a parent wishes to be privately represented. Where a parent who has removed the child to Ireland is not eligible for Legal Aid. Where a Lawyer in another jurisdiction seeks a Legal Opinion in relation to Irish Law. Access Applications under Article 21 of The Hague Convention which have not been legally aided. |
| |
| Statistics indicate that almost twice the number of children are abducted into Ireland as are removed from the country. The greatest number of abductions related to England and Wales followed on by the United States. |
| |
| Organisations which can assist parents who have children abducted to countries which are not members of The Hague Convention are: |
| |
| Reunite International
P O Box 7124
Leicester LE1 7XX
Advice line 0044 (0) 162556234
Tel. No.: 0044(0) 116255534
|
|
|
| |
| Applications under The Hague/Luxembourg Conventions are taken in the High Court. If there is a threat of abduction of a child, an Application can be made to the District Court, Circuit Court or High Court for various Orders such as custody, Orders restraining removal from the jurisdiction, Orders in relation to Passports. |
| |
| In Irish Law unmarried parents are in a different position from married parents in that the mother of the child is automatically the sole Guardian and Custodian of the child. The unmarried father must be put into joint Guardianship position either by way of a Legal Agreement or by virtue of a Court Order. Ireland has incorporated the European Convention on Human Rights into Irish Domestic Law and the right to respect for family and private life of established unconventional families pursuant to Article 8 are afforded due respect. |
| |
| The rights of natural fathers to custody of their children must now be interpreted in light of a recent Judgement of McKechnie J and the case of GT –v- KAO and The Attorney General unreported 10th September 2007. In that case the Judge recognized that for the purposes of The Hague Convention Inchoate Rights are not part of our Law. There are some steps that can be taken to prevent or minimize risk of Child Abduction and they can be numerated as follows: |
| |
| 1. | Obtain a Court Order for custody/joint custody or access with an Order restraining removal from jurisdiction without the consent of either the Court or the other party. | | 2. | If not married, then an Order should be made in relation to Guardianship and in relation to access. | | 3. | If the child has a Passport, ensure that it is secure. If a child has dual citizenship, write to the non Irish Embassy requesting that a Passport not be issued without notification to you. |
|
| |
| |
| Relevant articles: |
| |
| Subject | Publication | Link to Article | | One child a week is abducted and taken out of the country | Irish Independent
(29th December '09) | Click to view | | Court dismisses appeal and says child must return to Australia | Irish Times
(19th December '09) | Click to view | | Children taken by Mother must go back to UK | Irish Times
(14th December '09) | Click to view | | Disputes over the relocation of children are a by-product of travel, technology, and a smaller world | Law Society Gazette
(December '09) | Click to view | | Child to go to Australia for Domiciliary Ruling | Irish Times
(20th November '09) | Click to view | | Unmarried Father fails to prevent mother and children moving to Britain | Irish Times
(26th October '09) | Click to view | | Fears as number of child abductions hits all-time high | Irish Examiner
(14th March '07) | Click to view |
|
| |
| |
 For further information, please contact Marion Campbell Solicitors by calling (01) 475 9345, or by filling out an on-line enquiry form. |
