The Tánaiste and Minister for Justice, Equality and Law Reform, Mr Michael McDowell T.D., today published figures for 2006 regarding the number of cases received in his Department by the Central Authority for Child Abduction.

In 2006, 111 cases involving 160 children were received, representing an increase of 17 cases on 2005.

The Authority processed 170 cases in 2006, including 59 cases carried forward from 2005.  These are divided between abductions into the State from other countries (111 incoming cases) and abductions from the State to other countries (59 outgoing cases).

The Child Abduction and Enforcement of Custody Orders Act 1991 gives the force of law in Ireland to the Hague and Luxembourg Conventions on child abduction. The purpose of those Conventions is to facilitate the return of children who have been taken from one contracting state to another against the wishes of a parent with custody rights.  In addition, there is provision under the Luxembourg Convention for a custody or access order granted in one contracting state to be recognised or enforced in another contracting state.  

The Authority operates under the Hague and Luxembourg Conventions and as far as abductions between EU States are concerned, the Brussels II bis Regulation  concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental which came into force on 1 March, 2005 and the Child Abduction and Enforcement of Custody Orders Act 1991.

Incoming Cases (72)

In 8 cases the High Court ordered the return of the children; in 2 cases the Court refused the return of the children; in 9 cases the children were either returned voluntarily or the parties reached an agreement; 16 applications were withdrawn; 1 applicant did not qualify for legal aid; 3 judicial orders for return by consent were made; and 33 cases were awaiting resolution at the end of the year. 

Outgoing Cases (39)

In 7 cases foreign courts ordered the return of the children; in 3 cases the foreign court refused the return of a child; in 3 cases the children were either returned voluntarily or the parties reached an agreement; 6 applications were withdrawn; 2 judicial orders for return by consent were made; in 1 case assistance under Article 56 of the Brussels II bis Regulation (dealing with placement of a child from another EU member state in foster-care here) was given; and 17 cases were awaiting resolution at the end of the year.

Of the new applications received by the Irish Central Authority in 2006, 43% involved the United Kingdom, 33% involved other EU Member States, 12% involved the USA and 12% involved other contracting states.

The Child Abduction and Enforcement of Custody Orders Act 1991 has been in operation since 1991. Up to December 2006 a total number of 1,206 applications have been made to the Central Authority, involving 1,966 children.

 

 

13 March 2007

Note for Editors

The Child Abduction and Enforcement of Custody Orders Act 1991 (which came into operation on the 1st of October 1991) give the force of law to two international conventions:

The Hague Convention on the Civil Aspects of International Child Abduction is designed to ensure the immediate return of children who have been removed from one contracting state to another - usually by a parent in defiance of the wishes of the other parent. It is based on the principle that the custody of a child should be decided by courts in the state in which the child habitually resides.

The Brussels II bis Regulation contains new provisions in relation to parental responsibility, including in relation to recognition and enforcements of judgments on access rights and in relation to child abduction. These changes are intended to enhance the role of the State of habitual residence in Hague Convention abduction cases, to speed up decisions in these cases and to simplify the procedure for recognition and enforcement. The Regulation applies to abductions between EU Member States.

The European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children (the Luxembourg Convention) is designed to ensure that custody and access orders granted in one contracting state are recognised and enforced in other contracting states.  Recognition and enforcement disputes usually arise when one parent removes a child from one state to another in defiance of a court order granting custody or access rights to the other parent.

The Conventions provide for the establishment of a Central Authority in each contracting state that is a party to the Conventions to administer the procedures involved.