Written answers

Tuesday, 8 July 2008

Department of Justice, Equality and Law Reform

Child Abduction

11:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 70: To ask the Minister for Justice, Equality and Law Reform the reason Ireland, according to a letter written by an Estonian judge, has no appointed authority in a position to offer an opinion to courts in other jurisdictions pursuant to Article 13 of the Hague Convention of 1980 on the Civil Aspects of International Child Abduction; and if he will take steps to address this important shortfall. [27011/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Article 13 of the Hague Convention on the Civil Aspects of International Child Abduction sets out criteria whereby a court before whom an application for the return of a child to its country of habitual residence might refuse to order that return. Where a party to such proceedings asserts that those criteria or any of them exist in any particular case, it is a matter to be determined by the court dealing with that application, having regard to the circumstances of the case before it.

The Department does not comment on individual cases. However, I can indicate the following by way of general information. The correspondence to which the Deputy refers in his Question relates to a particular case in connection with which the Estonian central authority conveyed to the Irish central authority a query of a general and hypothetical nature regarding the possibilities in Ireland if a finding in accordance with Article 13 of the Hague Convention were to be made by the Estonian Court in that case. The Irish authorities are not in a position to respond to such a general question in the absence of specific allegations on which such a finding might be based and, if such allegations are made or such a finding is made, what steps the applicant for the return of the child might be disposed to take, whether alone, in concert with the Health Service Executive as the authority responsible for safeguarding children at risk, or by means of proceedings in the Irish courts, in order to satisfy the Estonian court that the return of the child to Ireland would not, or would no longer, be a grave risk to the child. The Estonian central authority has been informed accordingly.

The Irish central authority holds itself ready to deal with any specific queries from the Estonian authorities or from the applicant in this case.

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