Vol. 498 No. 6
147 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform the reason it was not possible to be of assistance to a person (details supplied) in County Dublin under the Child Abduction and Enforcement of Custody Orders Act, 1991. [28142/98]
I have indicated to the House, by way of reply to Questions Nos. 254 and 255 on 3 February 1998 that I could not undertake to give details of cases which come before the central authority for child abductions in my Department. Those cases are confidential. On the subject matter generally of this question, the Child Abduction and Enforcement of Custody Orders Act, 1991, gives the force of law to two international conventions on the subject of abduction of a child by a parent from one state to another. Under the terms of both conventions a central authority is not bound to accept an application for return of a child when it is manifest that the requirements of the conventions are not fulfilled. An applicant is informed by the central authority of its reasons for decisions made in such cases.
148 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform if he will give consideration to amending the Child Abduction and Enforcement of Custody Orders Act, 1991, in order to prevent the removal from the State of a child against the wishes of the natural father who has not yet been made a guardian, and in particular, where the natural father is maintaining the child at the time of the child's removal. [28143/98]
The Child Abduction and Enforcement of Custody Orders Act, 1991 gives the force of law to two international conventions on abduction of a child by a parent from one state to another. The Act of 1991 operates, for the most part, by reference to the provisions of those two conventions which form the basis of international agreements. Those provisions concern, primarily, the restoration of rights of custody of or access to a child in cases where the child has been wrongfully removed to another state in breach of those rights.
In so far as measures to prevent the wrongful removal of a child are concerned, the Act of 1991 contains provisions which allow the Garda to detain a child who is being abducted by a parent to another state in breach of guardianship, custody or access orders or while proceedings for one of those orders are pending.
While I have no proposals for amending the Act of 1991, the operation of the Act is kept under review in my Department.
