Clare Daly (Dublin North, United Left)
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237. To ask the Minister for Justice and Equality her views that under the 1980 Hague Convention children will not be returned if there is a grave risk of harm or an intolerable situation; if she is aware that Brussels II Revised Article 11.4 states that a court cannot refuse to return a child on the basis of Article 13b of the convention if it is established that adequate arrangements have been made to secure the protection of the child after their return, and the implications of this article on Irish citizens who return to this country in order to protect their children from harm in another jurisdiction. [27185/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy knows, the removal of a child from their place of habitual residence without appropriate permission is dealt with under international and EU law. The 1980 Hague Convention on the Civil Aspects of International Child Abduction provides for the return of children who have been removed from one contracting state to another, usually by one parent against the wishes of the other parent. The European Council Regulation (2201/2003) applies to EU member states and enhances the provisions of the 1980 Hague Convention.

Article 13 of the 1980 Hague Convention states, ”....the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that....b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.”

As the Deputy has stated, Article 11.4 of the European Council Regulation (2201/2003) states; “A court cannot refuse to return a child on the basis of Article 13 b of the 1980 Hague Convention if it is established that adequate arrangements have been made to secure the protection of the child after his or her return.”

It is a matter for the relevant judicial authority in the jurisdiction where the child has been taken to (which in Ireland is the High Court) to consider whether or not adequate arrangements have been made to secure the protection of the child after their return to the requesting jurisdiction in cases where it is asserted that the child would be exposed to physical or psychological harm or placed in an intolerable situation. When a decision is taken to either return or not return a child, such decisions can be appealed. The Minister has no role in the judicial systems in this or other jurisdictions party to the 1980 Convention and Brussels II Regulation.