Dáil Éireann debate -
Tuesday, 3 Feb 1998

Vol. 486 No. 3

Written Answers. - Hague Convention.

Michael Ring

Question:

254 Mr. Ring asked the Minister for Justice, Equality and Law Reform the reason a German national (details supplied) was allowed to leave Ireland with her daughter in view of the fact that a court hearing for the custody of the child by the child's father was pending. [2657/98]

Michael Ring

Question:

255 Mr. Ring asked the Minister for Justice, Equality and Law Reform the reason a German national (details supplied) was allowed to leave Ireland with her daughter without staying the necessary 18 days for a court hearing and without the knowledge of the child's father. [2664/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I propose to take Questions Nos. 254 and 255 together.

The case referred to by the Deputy was, among other matters, the subject of an application to the central authority which operates in my Department for the purposes of the Hague Convention on the Civil Aspects of International Child Abduction. Central authorities under the convention have certain specified functions. These include initiation of arrangements for the tracing of a child who is wrongfully removed to another state by one of its parents; to seek the child's return; the institution of judicial or administrative arrangements for return of the child to his or her place of habitual residence; and the provision of legal aid and advice to the applicant parent to secure return of the child.

The convention operates on the principle that the custody of a child who has been abducted should be determined by the courts in the place where the child habitually resides. Hague Convention proceedings in our courts take precedence over custody proceedings that may relate to the child in question in our courts. Convention and custody proceedings are normally held in camera. The Garda has power to detain a child who it reasonably suspects is about to be or is being removed from the State in breach of custody orders or while proceedings for such an order are pending or an application for one of those orders is about to be made.

While I would, of course, wish to be of whatever assistance I can to the House in giving information about operation of the Hague Convention, it would be inappropriate of me as Minister to comment on the details of the civil law aspects of individual cases. I am not in a position to comment on those civil law aspects of the case that are the subject matter of these two questions.