Dáil Éireann díospóireacht -
Wednesday, 5 Feb 1992

Vol. 415 No. 4

Written Answers. - Child Custody Rights.

Richard Bruton

Ceist:

128 Mr. R. Bruton asked the Minister for Justice whether he has satisfied himself with existing law which permits children to leave the country in the company of a spouse who has custody, without regard to the rights of access, in view of the experience of the case of a person (details supplied) in Dublin 3; and if he will make a statement on the matter.

Minister for Justice (Mr. Burke)

It is understood that the children involved in the case referred to by the Deputy were removed from this country in 1985.

The Child Abduction and Enforcement of Custody Orders Act, 1991 gave the force of law here to international conventions designed to deal with the problems that arise when a child is abducted, usually by a parent across international frontiers in defiance of a court order or against the wishes of the other parent. The Act, which came into operation on 1 October 1991, includes a provision at section 37 (1) which gives a member of the Garda Síochána power to detain a child who he reasonably suspects is about to be, or is being, removed from the State in breach of an order by a court here regarding the custody of, or right of access to, a child or while proceedings for such an order are pending or an application for such an order is about to be made.

I am satisfied that the provisions of the 1991 Act mean that we now have in our law comprehensive and effective measures in relation to safequarding the rights of children and parents in the context of wrongful removals — or attempts at such removals — of children from the jurisdiction.