Dáil Éireann Debate, Monday - 9 September 2024
1104. Deputy Pa Daly asked the Minister for Justice to outline Ireland’s commitments under the 1980 Hague Convention on the Civil Aspects of International Child Abduction; and if she will make a statement on the matter. [34559/24]
Amharc ar fhreagraThe procedures for dealing with situations of international parental child abduction involving countries which are party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction are set out in the Child Abduction and Enforcement of Custody Orders Act 1991. EC Regulation 2201/2003, also known as the Brussels IIa Regulation, supplements and supports the terms of the Hague Convention in instances of international parental child abduction between EU Member States, excluding Denmark. The procedures for applications to the High Court under the Hague Convention, the 1991 Act and Brussels IIa Regulation are set out in Order 133 of the Rules of the Superior Courts.
Under the 1980 Hague Convention, Ireland’s obligations are:
• Assist applicants in other convention parties to bring a case for the return of children who have been wrongfully removed to or wrongfully retained in Ireland to the courts in Ireland.
• To request automatic free legal aid for the above.
• Assist applicants in other convention parties to bring a case for access to children who reside in Ireland.
• To facilitate the making of a legal aid application for the above.
• To bring an application for a declaration of wrongful removal from Ireland to the High Court.
• To provide information of a general nature regarding Irish family law, child protection services, etc. to requesting authorities in other convention parties.
• To keep other central authorities informed as to the progress of cases initiated by them.
There are concurrent obligations on Ireland to assist applicants in Ireland with the above situations to bring cases to other conventions parties, including the provision of translation services.
