Increase in the number of applications dealt with by the Central Authority for Child Abduction
The Minister for Justice, Equality and Law Reform, Mr Dermot Ahern T.D., today released the 2008 figures detailing the number of cases received in his Department by the Central Authority for Child Abduction. In 2008, 141 cases involving 183 children were received, representing an increase of 42 cases on 2007. These are divided between applications concerning abductions into the State from other countries (70 incoming cases) and those concerning abductions from the State to other countries (71 outgoing cases).
The Central Authority for Child Abduction processed a total of 214 cases in 2008, including 73 cases (47 incoming and 26 outgoing) carried forward from 2007. 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 2008, 44% involved the United Kingdom, 40% involved other European countries, 10% involved other contracting states and 6% involved the USA.
The Central Authority was established on foot of the 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 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 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 2008 and an information note on the Conventions are attached.
June 2009
Note to Editors
Breakdown of cases dealt with in 2008
Out of the 214 applications dealt with in 2008:
• 173 were made under the Hague Convention;
• 21 under the Brussels II bis Regulation;
• 16 jointly under the Hague Convention and the Brussels II bis Regulation;
• 3 under the Luxembourg Convention, and
• 1 jointly under the Hague Convention and the Luxembourg Convention.
Incoming Cases (117)
In 13 of the 117 incoming cases the High Court ordered the return of the children; in 4 cases the Court refused the return of the children; in 23 cases the children were either returned voluntarily or the parties reached an agreement; 16 applications were withdrawn; in 2 cases assistance under Article 56 of the Brussels II bis Regulation (dealing with placement of a child from another EU member state) was given; 8 Access Orders Registered; 1 Residence Order; 1 Judicial Order for return by consent; 1 Court Order refused return/Access Order registered and 48 cases were awaiting resolution at the end of the year.
Outgoing Cases (97)
In 19 of the 97 outgoing cases foreign courts ordered the return of the children; in 4 case the foreign court refused the return of a child; in 13 cases the children were either returned voluntarily or the parties reached an agreement; 19 applications were withdrawn; in 1 case assistance under Article 56 of the Brussels II bis Regulation was given; in 2 cases Access Order was registered; 4 cases were refused by the Central Authority and 35 cases were awaiting resolution at the end of the year.
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.