Written answers

Wednesday, 12 December 2012

Department of Justice and Equality

Child Abduction

Photo of Joan CollinsJoan Collins (Dublin South Central, People Before Profit Alliance)
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To ask the Minister for Justice and Equality the measures and systems in place to restrict children travelling from Ireland, who are restricted from doing so by family court orders without the permission of the second parent or guardian, in particular to the UK where a passport is not a requirement for entry. [55847/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I can inform the Deputy that a system of immigration exit controls does not exist in this jurisdiction and the Deputy will appreciate that there would be special difficulties with operating such a system in the context of the border with Northern Ireland.

If a person removes a child from the State in breach of another person's custody rights, that other person can make an application under the 1980 Hague Convention on the Civil Aspects of International Child Abduction to have the child returned to them. The Convention is designed to ensure the prompt return of children who have been wrongfully removed from one contracting state to another, or wrongfully retained in another contracting state. It is based on the principle that the custody of the child should be decided by the courts in the state in which the child habitually resides. The Convention is in force in over 80 countries world-wide. Where a child is removed to or wrongfully retained in another EU state, the Brussels IIbis regulation applies, and regulates the application of the Convention between EU member states. There is a network of Central Authorities established under the Convention for the purpose of assisting applicants. My Department operates as the Central Authority for Ireland and can be contacted for assistance at 01/4790200 or by e-mail internationalchildabduction@justice.ie.

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