Written answers

Wednesday, 30 January 2008

Department of Justice, Equality and Law Reform

Child Abduction

8:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 1166: To ask the Minister for Justice, Equality and Law Reform if he will investigate case no. LR 10.6.1281 (details supplied) regarding the removal of an Irish citizen child from the State contrary to court order granting the Irish father custody of the child, and the subsequent application under the Hague Convention for the return of said child; the status of this case; the reason for the delay in resolving this matter; and if progress is being made or is expected to be made in the near future. [1284/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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As the Deputy will appreciate, it would not be appropriate for me to comment in detail on an individual case except to say that the Central Authority for Child Abduction has been in touch with the applicant and is keeping him fully informed of developments as they occur. 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 in that state. 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.

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