Dáil Éireann debate -
Tuesday, 15 May 2001

Vol. 536 No. 2

Written Answers - Child Abduction.

Conor Lenihan

Question:

392 Mr. C. Lenihan asked the Minister for Justice, Equality and Law Reform if an application under the terms of the provisions of the Hague Convention on International Child Abduction has been made in the case of a person (details supplied) to the UK authorities; if the terms of the convention applied in this instance; if so, if he will give the outcome, temporary, partial or final; if all avenues in terms of the convention have been explored and exhausted; and if he will make a statement on the matter. [13679/01]

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

The case referred to by the Deputy was 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. The application was forwarded under the Hague Convention to the Central Authority for England and Wales and the matter was concluded on 8 December 2000 by virtue of a decision, which I understand was not appealed, of the family division of the High Court of England and Wales to dismiss the application for the reasons set out in the judgment.

The Hague convention is designed to ensure the return of children who have been abducted from one contracting state to another. It is based on the principle that the custody of a child should be decided by courts in the state in which the child habitually resides. It applies to children under the age of 16 years who have been removed in breach of custody rights attributable to a person under the law of that state, provided those rights were actually being exercised at the time of the unlawful removal. The judicial or administrative authority of the requested State is not bound to order the return of the child in certain circumstances, for example, if the person opposing the return of the child establishes that the foreign applicant did not exercise rights of custody at the time of removal or there is a grave risk that the return of the child would expose the child to physical or psychological harm or place him/her in an intolerable situation. While I wish to be of whatever assistance I can to the House in giving information about the 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.