home | about | practice areas | testimonials | news | press | events | contact | links Practice Areas Family Law Divorce Judicial Separation Separation Agreements Custody / Guardianship / Visitation Rights Co-Habitation Agreements - Civil Partnerships Surrogacy Nullity Pre-Nuptial Agreements Mediation Collaborative Law Pension Provisions Maintenance Domestic Violence Child Abduction Childcare Domestic & Intercountry Adoptions Wardship Litigation Wills & Probate Property Conveyancing               You are here:  Home  >>  Practice Areas  >>  Ireland & Child Abduction        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 Phone: 353 (1) 479 0200 Fax: 353 (1) 479 0201 Email: child_abduct@justice.ie        Embassy & Consular Offices in London        Hague Abduction Convention and Human Rights: A Critique of the Neulinger Case               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 Phone: 066 947 1000 Fax: 066 947 1035 Email: info@legalaidboard.ie        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:        ICPAC (The Irish Centre for Parentally Abducted children) 43 Molesworth Street, Dublin 2 Tel. 6620667 email: icpacseminar@gmail.com www.banotti.ie 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 Boy (13) allowed to remain with father in Ireland The Irish Times (13th January '12) Click to view Wrongly removed children allowed to stay in Ireland The Irish Times (3rd October '11) Click to view Hungary's practice on child abduction questioned The Irish Times (30th May '11) Click to view Fearing abduction, Hazel Larkin keeps her child safe in Ireland The Irish Examiner (12th January '11) Click to view Court orders infant to be returned to England The Irish Times (4th October '10) Click to view Child not heard in case involving the Hague Convention The Irish Times (14th June '10) Click to view Access for father ordered in case of lesbian mother The Irish Times (7th June '10) Click to view Court rules child must be returned to Latvia The Irish Times (21st May '10) Click to view No ‘de facto’ family in Ireland for unwed father The Irish Times (17th May '10) Click to view Ruling stresses no such thing as "de facto family" in law The Irish Times (29th April '10) Click to view Unmarried father loses removal of children case The Irish Times (29th April '10) Click to view Hague rules clear on where child cases are heard Irish Times (21st April '10) Click to view 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                For further information, please contact Marion Campbell Solicitors by calling (01) 475 9345, or by filling out an on-line enquiry form.          Marion Campbell Solicitors, 16-18 Harcourt Road, Dublin 2 Phone: +353 (1) 475 9345 Fax: +353 (1) 478 2224 Email: info@mcsolicitors.ie        powered by: go2web