The Minister for Justice, Equality and Law Reform, Mr. Dermot Ahern T.D., today released the 2009 figures detailing the number of cases received in his Department by the Central Authority for Child Abduction. In 2009, 136 cases involving 183 children were received, representing a reduction of 5 cases on 2008. These are divided between applications concerning abductions into the State from other countries (61 incoming cases) and those concerning abductions from the State to other countries (75 outgoing cases).
The Central Authority for Child Abduction processed a total of 222 cases in 2009, including 86 cases (50 incoming and 36 outgoing) carried forward from 2008. The majority of applications were made under the Hague Convention on the Civil Aspects of International Child Abduction but applications were also made under the Brussels II Bis Regulation and under the Luxembourg Convention.
Of the new applications received by the Irish Central Authority in 2009, 46% involved the United Kingdom, 12% involved Poland, 6% involved Latvia, 22% involved other European countries and 14% involved other contracting states.
The Central Authority was established on foot of the Child Abduction and Enforcement of Custody Orders Act 1991. This Act gave 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 for a custody or access order granted in one contracting state to be recognised or enforced in another contracting state.
The Central Authority also operates under the Brussels II bis Regulation concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Council Regulation (EC) No 2201/2003 of 27 November 2003).
Details of the cases dealt with in 2009 and an information note on the Conventions are attached.
5 May 2010
Note to Editors
Conventions and Regulations
The Child Abduction and Enforcement of Custody Orders Act 1991 (which came into operation on the 1st of October 1991) gives the force of law to two international conventions:-
The Hague Convention on the Civil Aspects of International Child Abduction
The European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children. (the Luxembourg Convention)
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 provisions in relation to parental responsibility, including in relation to recognition and enforcements of judgments on access rights and in relation to child abduction. The Regulation applies to abductions between EU member states, as well as to the procedures for the recognition and enforcement of other types of orders relating to children. It complements the Hague Convention on International Child Abduction by enhancing the role of the country of habitual residence and by enabling speedier resolutions of such cases.
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.