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Dáil Éireann díospóireacht -
Tuesday, 5 Nov 2002

Vol. 556 No. 3

Written Answers. - Child Abduction.

John Perry

Ceist:

636 Mr. Perry asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the circumstances outlined in the case of a person (details supplied) in County Sligo; the resources available to this person to cover expenses travelling to the United States; if he will liaise with different parties involved and put this person in direct contact with an intermediary in view of the extenuating circumstances involved with the abduction of this person's children; if he will address all the various issues raised in correspondence (details supplied); and if he will make a statement on the matter. [20391/02]

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.

It is not generally necessary for any applicant to travel abroad in these cases. In most cases these matters are dealt with before the court in the foreign jurisdiction by way of affidavit evidence only and all necessary supporting information is provided to the applicant's legal team through the central authority network. It never had been the practice of the central authority to pay the travelling expenses incurred by an individual in travelling to another jurisdiction for the purposes of attending a court hearing concerning an application under the Hague Convention. Article 26 of the convention provides that the judicial or administrative authorities may, where appropriate, direct the person who removed or retained the child to pay necessary expenses incurred by or on behalf of the applicant, including travelling expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant, and those of returning the child. It is open to the applicant in this case to seek to obtain such a direction from the court dealing with the application.
All of the issues raised in the correspondence referred to in the Deputy's question have been or are being addressed promptly and to the fullest extent possible within the extent of the central authorities functions and responsibilities. As the Deputy will appreciate, it would not be appropriate for me to comment on the matters raised in questions four and five of the correspondence as they are matters outside my area of responsibility.
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