Joe Costello (Dublin Central, Labour) | Oireachtas source

I can confirm that the relevant Irish Embassy and the consular assistance section of the Department of Foreign Affairs and Trade in Dublin are aware of this case. It involves two children of different fathers. All possible consular assistance is being provided to the respective fathers.

On 4 April 2013 the consular assistance section was contacted by the father of the older child who reported the possible abduction of his son by the child's mother. He was advised to report this to the Garda and he confirmed that this was his intention. The limits of consular assistance in such situations were outlined to him. It was explained that the Department of Foreign Affairs and Trade has no power to remove a child from a foreign jurisdiction. He was informed that if the child's mother was unwilling to allow the child to return to Ireland, then the matter would have to be resolved through the local courts. He was also informed that the country to which the mother was understood to have taken his son is not a party to the Hague Convention on the Civil Aspects of International Child Abduction.

The convention is an agreement to ensure the return of a child who has been removed from the country where he or she normally lives to another country without the consent of one of the parents. Under the terms of the convention, children abducted in this manner are returned to their country of habitual residence in order that the courts there can decide on issues regarding custody and guardianship.

On 12 April 2013, the father of the older child contacted officials at our embassy and informed them that he understood that the mother had also taken a second younger son of a different father out of the country. He stated that the father of the younger son had reported this to the Garda and that both fathers were co-ordinating their efforts for the safe return of the two children to Ireland. On the same date, Garda officers confirmed to the consular assistance section that they had been informed of both cases by the fathers and that they were following up through Interpol channels.

The Department of Foreign Affairs and Trade understands that at the time of the abduction the father of the older child had, and continues to have, a court order granting him custody, with visitation rights granted to the mother. The court order stipulates that the child "not be removed out of the jurisdiction of the court without leave of the court".

A court hearing relating to custody of the younger child had already been scheduled at the time of the abduction. It is also our understanding that the father of the younger child was subsequently granted guardianship shortly after the abduction. On 17 April, the father of the older child contacted the Irish Embassy to further discuss the abduction of his son. Both fathers subsequently provided the embassy with details of the mother's family situation in the country to which the mother is understood to have taken the children. Initially the fathers were hoping to ensure the safe return of their sons through negotiation but this has not, as yet, met with success. Our embassy and the consular assistance section have advised that they engaged the services of a local lawyer and the embassy has provided a list of reputable lawyers. In May, the head of the consular division offered to meet with the father of the older child to discuss the matter further and this offer is still available to both fathers.

I can assure the Senator that all possible consular assistance will continue to be provided in this very difficult case and that my officials will continue to liaise with the fathers of the children named by the Senator.