In cases such as this, where the person is seeking the return of her three children wrongfully removed to another State, the central authorities under the Hague Convention on the civil aspects of international child abduction have certain specified functions. These include initiation of arrangements for the tracing of a child who is wrongfully removed to or retained in another state; to seek the child's return; the institution of judicial or administrative arrangements for the return of the child to his or her place of habitual residence; and the provision of legal aid and advice to the applicant parent to secure the return of the child. My Department acts as the central authority for Ireland.
On foot of a reservation made by the United States of America when it became a party to the Hague Convention, no provision is made in that jurisdiction for legal aid in these cases. However, attempts are made by the US central authority in each case to find an attorney to act pro bono or on a reduced fee basis.
The case referred to by the Deputy is the subject of an application to the Irish central authority. The application was forwarded under the Hague Convention to the central authority for the United States on 30 August 2002. On 28 October 2002 the central authority received a fax from the US central authority providing details of an attorney who is willing to assist the person making the application. The central authority endeavoured to contact the applicant by telephone to convey this information but received no response. The central authority telephoned the central authority in the US and received confirmation that this information would be conveyed to the applicant should they be contacted directly by the applicant.