Dáil Éireann Debate, Friday - 16 September 2016
114. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality her views on correspondence regarding the case of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [25137/16]
View answerThe Central Authority for International Child Abduction was established following the enactment of the Child Abduction and Enforcement of Custody Orders Act 1991 and is in my Department. The function of the Central Authorities network, and the international instruments and legislation underpinning them, is to facilitate applications for the return of children who have been abducted, usually by a parent to another contracting State.
It provides a mechanism whereby a left behind parent can request the return of their wrongfully removed/retained child through this network. Where a parent applies for the return of a child, the Central Authority ensures that the application meets the requirements of these laws before forwarding the application to the relevant Central Authority abroad which in turn will forward it to a competent/deciding authority, usually a court in their State.
The Irish Central Authority does not have an active role in the proceedings in the foreign court as such; it monitors the progression of applications and keeps applicants or their legal representatives informed of any developments as soon as possible. In cases where foreign courts are involved, these proceedings must run their course (including appeals) in accordance with the rules of that other jurisdiction and the progress of these cases is dependent on these authorities.
The Deputy will appreciate that it would not be appropriate for me to comment on a matter which is the subject of legal proceedings. However I can assure the Deputy that our Central Authority is in regular contact with the other EU Central Authority and the applicant's legal representative in relation to this matter and continues to provide what assistance it can within its remit given both the circumstances of this case and the dependence on the judicial process in the other jurisdiction.
