Written answers

Thursday, 27 May 2010

Department of Foreign Affairs

Child Abductions

5:00 pm

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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Question 169: To ask the Minister for Foreign Affairs the position regarding the case of an Irish citizen who has been abducted to Hungary and despite Supreme Court cases there ordering return of the child, the child is still missing; the progress made to date to pursue matters at political, diplomatic and EU level; the action he has taken to recover this child; if this matter has been raised directly with his Hungarian counterpart at EU ministerial meetings; the further action he is now proposing and if he will file a third party observation at the European Court of Human Rights to the father's case indicating our concern and belief that the child is in imminent danger; if he will take a case to the European Court of Justice; the action he will take to uphold and enforce court judgments ordering the return of the child to their father. [22547/10]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I have been following developments closely in this case since the Irish citizen was abducted from France to Hungary in contravention of a custody order of a French Court. My officials, both in Dublin and in the Embassy in Budapest have been in regular contact with the father of the Irish citizen concerning this case. Diplomatic staff in our Embassy in Budapest, have met with the relevant authorities in Hungary on numerous occasions to raise our concerns.

Following the abduction of the child from France to Hungary, the father initiated legal proceedings in Hungary, in early 2008, under The Hague Convention on the Civil Aspects of International Child Abduction to have the child returned to France her country of habitual residence.

Following the completion of legal proceedings in Hungary in July 2009, a bailiff was granted powers including police assistance to enforce an Order of the Hungarian High Court compelling the mother to hand over the child to her father. On 29 July 2009, when the bailiff went to a house in the village of Boconad in order to enforce the Order, he found that the mother had absconded with the child. Diplomatic staff from our Embassy and from the Embassy of France in Budapest were present in Boconad on that occasion to observe proceedings and provide consular assistance. The Hungarian authorities subsequently issued a search warrant in respect of the mother but to date neither she nor the child have been found. On the evening of 28 October 2009, a diplomatic officer from the Embassy travelled at short notice to the town of Eger following a tip off to the child's father that his ex-wife and daughter had been living there. The bailiff and officials from the French Embassy were also present. The bailiff carried out a search but despite the information passed to the father, the child could not be located at the address indicated

I wrote to the Hungarian Foreign Minister on 29 September 2009 and urged that the Hungarian authorities take all appropriate action to locate the child with a view to enforcing the Court Order. The Hungarian Foreign Minister has requested the Minister of Justice and Law Enforcement, who is responsible in Hungary for child abduction cases, to ensure that this case is handled with proper care and maximum attention. In February, officials from my Department raised the case with Hungarian State Secretary Czukor when he visited Dublin. The State Secretary gave an assurance that every effort would be made to find the missing child and that the Hungarian authorities were very concerned about the child's welfare.

I have also been in contact with my French counterpart Mr. Bernard Kouchner concerning this case. Our Embassy in Paris has been in touch with the Office for International Co-operation in Civil and Commercial Matters, in the Ministry of Justice of France. Last week a diplomat from the Irish Embassy in Paris met with officials from that Office to discuss this case and to seek their continued assistance in ensuring the return of the child. The French officials confirmed that they had been in touch with the Hungarian counterparts on numerous occasions in relation to this case. We have also recently requested Minister Ahern to raise this case with his Hungarian counterpart the next occasion he has an opportunity to meet him.

In relation to the father's case before the European Court of Human Rights, there is no facility to submit written comments unless invited to do so by the Court. The Government has not received any invitation from the Court to submit written comments concerning this case. In the event of receipt of any invitation, consideration will be given to submitting written comments. Any possible proceedings before the European Court of Justice in relation to this matter would be a matter for the Department for Justice, Equality and Law Reform.

In the final analysis, it is for the Hungarian authorities to enforce the custody judgement of the French Court under the Hague Convention. We will continue to urge them to pursue the case vigorously but we are not in a position ourselves to execute the court order.

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