Written answers

Tuesday, 21 March 2006

Department of Justice, Equality and Law Reform

Child Abduction

8:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 660: To ask the Minister for Justice, Equality and Law Reform the position in relation to matters surrounding the departure of persons (details supplied); the assistance which can or will be offered to a person for their safe return; and if he will make a statement on the matter. [10614/06]

Photo of Olivia MitchellOlivia Mitchell (Dublin South, Fine Gael)
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Question 664: To ask the Minister for Justice, Equality and Law Reform if an investigation is under way into the alleged abduction of a persons (details supplied) in Dublin 22. [10678/06]

Gay Mitchell (Dublin South Central, Fine Gael)
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Question 668: To ask the Minister for Justice, Equality and Law Reform his views on the concerns of a person (details supplied) in Dublin 22 whose children were taken out of the State without their consent; and if he will make a statement on the matter. [10693/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 660, 664 and 668 together.

As the Deputy will appreciate, it would not be appropriate for me to comment in detail on an individual case. The central authority for child abduction operates in my Department for the purposes of the Hague Convention on the Civil Aspects of International Child Abduction. The purpose of the convention is to facilitate the return of children who have been wrongfully removed from the contracting state where they are habitually resident to another contracting state.

Where a child under the age of 16 is wrongfully removed from the State in breach of guardianship or custody rights, the person whose rights have been breached can make an application under the Hague Convention. The usual course of action for the central authority in the receiving state is to secure the return of the child either voluntarily or by initiating court proceedings. The terms of the convention require that the wrongfully removed child be returned to the country of its habitual residence except where the court in the country to which the child was removed determines that one of the limited and exceptional circumstances set out in the convention applies.

The Irish central authority, in this case as in all others it deals with, is keeping the applicant fully informed of developments as they occur. I am informed by the Garda authorities that a full investigation is under way by members of the Garda Síochána into certain aspects of the matters raised.

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