merrion street

The Minister for Justice and Equality, Mr Alan Shatter T.D., today released the 2011 figures on applications dealt with in his Department by the Central Authority for Child Abduction. The key figures are:-

·        The Central Authority for Child Abduction dealt with a total of 261 cases in 2011. 142 of these were new cases (2 more than in 2010) while 119 were ongoing cases carried over from 2010.

·        Of the 142 new cases involving 198 children, 53 concerned abductions into the State (incoming) from other countries while 89 concerned abductions from the State (outgoing) to other countries. Of the 119 cases still active from the previous year, 60 were incoming and 59 outgoing.

·        In summary, a total of 113 incoming cases and 148 outgoing cases were being processed by the Irish Central Authority in liaison with other national Central Authorities.

·        Of the 142 new applications received by the Irish Central Authority, 61% (87) involved the United Kingdom; 7% (10) involved Poland; 4% (6) involved Latvia; 16% (22) involved other European countries and 12% (17) other contracting states (i.e. USA; Canada; Australia; S. Africa).

The Irish 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 1980 Hague Convention on the Civil Aspects of International Child Abduction (the 1980 Hague Convention).  The purpose of this Convention 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 Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility (Brussels II bis) and the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention).  This Regulation and the 1996 Hague Convention enhance the provisions of the 1980 Hague Convention.

On release of the figures, Minister Shatter said “ Parental child abduction remains a constant problem.  When family conflict occurs, it is important that estranged parents and spouses exhaust all their options to resolve differences and reach agreement in the best interests of the children involved.  The use of mediation to resolve difficulties can result in agreements that can last while minimising the negative impact on all those involved.  To help families access mediation, the Family Mediation Service has now been formally merged with the Legal Aid Board.  The Government has also approved my proposals for a Mediation Bill which is currently being drafted.  Within my remit, I will continue to work to improve the measures available to families.”

27 April 2012

ENDS

Breakdown of cases dealt with by the Irish Central Authority in 2011

The combined total of 261 applications (142 new, 119 ongoing from previous year) being dealt with by the Irish Central Authority in 2011, were made under the following international instruments:

·        125 applications were made under the 1980 Hague Convention;

·        55 under the Brussels II bis;

·        79 under the 1980 Hague Convention and the Brussels II bis;  

·        2 under the Brussels II bis and the 1996 Hague Convention.

Incoming Cases (113): -

In summary, in 24 applications, it was decided mostly on a voluntary or consent basis that the children return to where they had been living.  In 12 applications, it was agreed that access arrangements be put in place.  In 3 applications, the High Court refused the return of the children.  62 cases were awaiting resolution at the end of the year. A more detailed breakdown of these figures follows.

Outgoing Cases (148): -

In summary, in 27 applications, it was decided that the children should return to where they had been living.  In 17 of these 27 applications, foreign courts ordered the return of the children and in 10 applications, the children were either returned voluntarily or the parties reached an agreement.  In 5 applications, foreign courts refused the return of the children.  21 outgoing applications were withdrawn.  72 cases were awaiting resolution at the end of the year. A more detailed breakdown of these figures follows.

Status of cases at 31 December 2011  Incoming Outgoing Total

Court Order return  3 17 20

Judicial Order for return by consent  5 1 6

Court Refused return  3 5 8

Court Refused return/access arrangements made  2 - 2

Settled by consent        - child returned        2 - 2

                                     -  child not returned  1 2 3

                                     -  access arrangements made  8 3 11

Voluntary return  14 9 23

Withdrawn  2 21 23

Access order registered (Article 21 of Brussels II bis)  2 - 2

Awaiting Resolution  62 72 134

Application Refused by Central Authority  2 5 7

Article 55 (of Brussels II bis) assistance given  2 - 2

Article 56 (of Brussels II bis) assistance given  - 11 11

Order under Article 39 (of Brussels II bis) enforced  1 - 1

Proceedings struck out  4 2 6

Total  113 148 261

Notes

1.         Brussels II bis refers to Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and matters of parental responsibility (Brussels II bis Regulation) and Article 21 deals with Right of Access.

2.        Article 55 deals with requests for information regarding the social situation of a child.

3.        Article 56 deals with the placement of a child in another Member State.

4.        Article 39 provides for certification concerning judgments in matrimonial matters and parental responsibility.

Breakdown of new cases by Contracting State - 2011

                        Country  Incoming Outgoing Total

Australia  1 2 3

Brazil  - 1 1

Canada  - 1 1

Cyprus  - 1 1

Czech Republic  2 1 3

England & Wales  24 39 63

Estonia  1 - 1

France          2 - 2

Germany  - 3 3

Hungary  1 - 1

Italy  - 1 1

Latvia  4 2 6

Lithuania  2 - 2

Netherlands  1 - 1

New Zealand  1 - 1

Northern Ireland  2 10 12

Poland  4 6 10

Romania  - 1 1

Scotland          - 12 12

Slovakia  2 1 3

South Africa  1 - 1

Spain  - 3 3

Sri Lanka  1 - 1

USA  4 5 9

Total  53 89 142

Number of Cases Received October 1991 - December 2011 1992  42

1993  73

1994  90

1995  101

1996  87

1997  99

1998  92

1999  73

2000  71

2001  65

2002  72

2003  66

2004  70

  2005  94

2006  111

 2007  99

 2008  141

 2009  136

 2010  140

 2011  142

Total  1,864

Note : - 1992 figures are from October 1991 to December 1992

Number of Children Subject to Child Abduction Proceedings   1992  80

1993  125

1994  151

1995  184

1996  153

1997  164

1998  159

1999  118

2000  114

2001  96

2002  112

2003  99

2004  97

  2005  154

  2006  160

  2007  155

  2008  183

  2009          183

  2010  193

  2011  198

Total  2,878

Note : - 1992 figures are from October 1991 to December 1992

Information Note

Child Abduction Conventions and Regulations

The Conventions and the Regulation relating to the abduction and custody of children provide for the establishment of a Central Authority in each "contracting state" that is a party to them, including Ireland, to administer the various procedures involved.

The 1980 Hague Convention on the Civil Aspects of International Child Abduction (the 1980 Hague Convention)

The 1980 Hague Convention is designed to ensure the 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. There are over 80 states contracting parties to the 1980 Hague Convention. Under Article 13 of the 1980 Hague Convention, a State is not bound to order the return of a child in some circumstances, e.g. where there is a grave risk the child’s return would expose it to physical or psychological harm or otherwise place it in an intolerable situation.  The Child Abduction and Enforcement of Custody Orders Act 1991 gives the force of law in the State to the 1980 Hague Convention and the Luxembourg Convention.

The European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children (The Luxembourg Convention)

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.  In the European Union, this convention has been superseded by the European Council Regulation (2201/2003) Concerning Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and Matters of Parental Responsibility (commonly known as Brussels II bis).

The 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention)

This Convention is broad in scope, covering a wide range of civil measures including measures of protection concerning children, from orders concerning parental responsibility and contact to public measures of protection or care, and from matters of representation to the protection of children’s property.  Its purpose is to enhance the provisions of the 1980 Hague Convention.  The Protection of Children (Hague Convention) Act, 2000 gives the force of law in the State to the 1996 Convention.

The European Council Regulation (2201/2003) Concerning Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and Matters of Parental Responsibility (commonly known as Brussels II bis) 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 Regulation applies to abductions between EU member states, as well as to procedures for the recognition and enforcement of other types of orders relating to children.

Further information can be found at:

The Department of Justice and Equality Website -

The Hague Conference on Private International Law Website -

You can read the text of Council Regulation (EC) No. 2201/2003 on the EUR-Lex website. See also: Practice Guide for the Application of Council Regulation (EC) No. 2201/2003