asked the Minister for Foreign Affairs if his attention has been drawn to a case (details supplied) where the foreign husband of an Irish woman, who have both lived in Ireland since their marriage but are now separated, has had the child of the marriage added to his passport by the embassy of his country in London and that he has attempted to take the child out of the country without her permission; if he will make a statement on the usual practice in similar cases; and the action, if any, the wife can take to have the child's name removed from the passport.
Written Answers. - Custody of Child.
267.
This case has not previously come to my attention. It is quite likely that the child may be a dual citizen being Irish either by birth or descent and taking also the nationality of the father.
Practice in relation to the grant of passport facilities varies from country to country. In the case of Irish passport facilities for a minor the consent of both parents is required but such a regulation may not exist in the country of which the father in the present instance is a national. The mother could communicate with the foreign embassy which made the passport endorsement notifying it of her objection and asking if the endorsement can be removed. Ultimately, however, it would seem the mother would have to take proceedings of a custodial or other relevant nature before the courts of the country where the child is now for a legal decision as between the two parents in regard to the general care and welfare of the child. In the circumstances as furnished by the Deputy there would be no action that my Department could take in the matter and the mother might best be advised to seek private legal guidance.