Dáil Éireann Debate, Thursday - 18 June 2015
192. Deputy Clare Daly asked the Minister for Justice and Equality her views on the Brussels II Regulation which expressly allows for children not to be returned if the investigations have not been accurate or complete with this State. [24478/15]
Amharc ar fhreagraDecisions to return a child under the 1980 Hague Convention on the Civil Aspects of International Child Abduction and, within the EU, the Brussels II Regulation are matters for the relevant judicial authority in the jurisdiction where the child has been taken to. It is a matter for such judicial authorities to consider whether or not to return a child to Ireland given the specific circumstances. The Regulation reflects and enhances the provisions of Article 13 of the 1980 Convention which provides that a non return order may arise where a Court decides that there is a grave risk that the child's return would expose the child to physical or psychological harm or otherwise place that child in an intolerable situation. When a decision is taken not to return a child, such decisions may be appealed and the Regulation sets out a procedure to be followed in that regard.
The Central Authority for International Child Abduction which is part of my Department is, under the Regulation, the authority which deals with communications with equivalent central authorities in foreign jurisdictions, including communications in relation to non-return matters, and notifies the Irish High Court, in accordance with the Regulation, where a foreign court has declined to return a child to Ireland.
The Minister has no role in the judicial systems in this or other countries party to the 1980 Convention and Brussels II Regulation.
