merrion street

The Minister for Justice, Equality & Defence, Mr Alan Shatter T.D., today released the 2010 figures on cases dealt with in his Department by the Central Authority for Child Abduction.

The key figures are:

• The Central Authority for Child Abduction processed a total of 233 cases in 2010. 140 of these were new cases (4 more than in 2009) while 93 were ongoing cases carried over from 2009.
• Of the 140 new cases involving 193 children, 64 concerned abductions into the State (incoming) from other countries while 76 concerned abductions from the State (outgoing) to other countries. Of the 93 cases still active from the previous year, 53 were incoming and 40 outgoing.
• During 2010, therefore, a total of 117 incoming cases and 116 outgoing cases were being processed by the Irish Central Authority in liaison with the other national Central Authorities involved.
• Of the 140 new applications received by the Irish Central Authority in 2010, 39% (54) involved the United Kingdom; 11% (15) involved Latvia; 9% (13) involved Poland; 24% (34) involved other European countries and 17% (24) other contracting states (i.e. USA; Canada; Australia; S. Africa).

The majority of applications were made under the Hague Convention on the Civil Aspects of International Child Abduction and Brussels II Bis Regulation while a smaller number of applications were made under the Luxembourg Convention.

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 these 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.

There is provision for a custody or access order granted in one contracting state to be recognised or enforced in another contracting state.

There can also be circumstances where, under Article 13 of the Hague Convention, a State is not bound to order the return of a child - for example, 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; if it is found the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of the child’s views.

Certain qualifying provisions under the Luxembourg Convention and the Brussels II bis Regulation may also have to be taken into account.

On release of the figures the Minister said "the figures published today starkly illustrate that it is important at times of family conflict that estranged spouses and estranged parents seek to resolve differences by agreement, through mediation or as a last resort by way of court proceedings and do not unilaterally remove children from the country of their habitual residence.

Parental child abduction not only greatly exacerbates family conflict but also prolongs family disputes and in the overwhelming majority of cases is contrary to the welfare of the children concerned. It can also result in unnecessary legal expenses being incurred.

Despite the existence of international conventions and European council regulations addressing this issue international child abductions of children by parents is a growing problem. This is an issue that I intend to place on the agenda for discussion of EU Justice Ministers."

Further information on the 2010 caseload and on the relevant Conventions and Regulations is provided below.

The combined total of 233 applications (140 new, 93 ongoing from previous year) being dealt with by the Irish Central Authority in 2010 were made under the relevant international instruments as follows:

• 117 were made under the Hague Convention;
• 30 under the Brussels II bis Regulation;
• 46 under the Hague Convention and the Brussels II bis Regulation;
• 1 under the Luxembourg Convention and the Brussels II bis Regulation;
• 3 under the Hague Convention and the Luxembourg Convention;
• 36 under the Hague Convention, the Brussels II bis Regulation and the Luxembourg Convention.

, i.e. abductions into the State from other countries (117): In 10 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 14 cases the

children were either returned voluntarily or the parties reached an agreement, 50 cases were awaiting resolution at the end of the year.

, i.e. abductions from the State to other countries (116) In 15 of the 116 outgoing cases foreign courts ordered the return of the children; in 6 cases the foreign court refused the return of the child and in 9 cases the children were either returned voluntarily or the parties reached an agreement, 50 cases were awaiting resolution at the end of the year.