As the Deputy may be aware, there are two distinct scenarios that can apply in International Child Abduction cases, depending on whether or not children have been removed to a country that is a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (the Hague Convention). Where a child is removed to a country that is a contracting state to the 1980 Hague Convention, the Irish Central Authority for International Child Abduction (Central Authority) located within the Department of Justice, Home Affairs and Migration, is tasked with assisting in such return and access cases.
Concerning the Deputy’s query on the development of bilateral agreements with countries that are not a party to the 1980 Hague Convention, I understand that the Department of Justice, Home Affairs and Migration has previously taken steps to seek a bilateral agreement with a non-Hague jurisdiction and this remains a matter of competence for that Department.
In the scenario where a child has been removed from this jurisdiction to a country that is not a party to the 1980 Hague Convention, or is being wrongfully retained in such a country, my Department can and will provide appropriate consular assistance. Irish court orders relating to the wrongful removal of children are not enforceable in countries that have not ratified the Hague Convention. Moreover, the Irish courts cannot direct the courts of another jurisdiction. Therefore our strong advice to citizens who find themselves in such situations is to engage the services of a lawyer in the jurisdiction in question. Ireland’s network of embassies and consulates maintain lists of local, English-speaking, legal representatives which can be shared with Irish citizens. We can also help to identify local lawyers specialised in family law. As the Deputy will appreciate, my Department cannot provide legal advice, represent citizens legally or intervene in the judicial processes of another country.
Our missions abroad can also liaise with the authorities in the country to raise awareness of cases in which we are providing consular assistance, or to receive advice on the policy and judicial context, within the scope of our consular functions.
