International Child Abduction

International child abduction cases can arise where a child is taken from the country in which they normally live to another country without the agreement of a parent or guardian, or where a child is kept in another country following what was originally an agreed trip.

These cases can be extremely distressing and often require urgent legal advice. They may involve the laws and courts of more than one country and, in many cases, international conventions dealing specifically with the removal and return of children.

O’Connor & Bergin Solicitors advises parents and guardians on international child abduction cases involving Ireland and other countries.

The Hague Convention on International Child Abduction

Ireland is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

The Convention provides an international framework for dealing with children who have been wrongfully removed from, or retained outside, the country in which they were habitually resident. Its principal purpose is to secure the prompt return of children wrongfully removed to or retained in another Contracting State, so that questions concerning custody can generally be dealt with in the appropriate country.

The Convention is concerned with the return of the child, rather than determining the underlying merits of a custody dispute. Whether a removal or retention is considered wrongful under the Convention depends on a number of matters, including rights of custody and the child’s habitual residence before the removal or retention.

The Convention applies to children under the age of 16.

A Child Taken from Ireland to Another Country

If a child who normally lives in Ireland is taken to another country without the required agreement or authority, it may be possible to seek the child’s return under the Hague Convention or other applicable international arrangements.

The procedure available will depend on the circumstances and on the country to which the child has been taken. Not every country has the same international arrangements with Ireland.

Because delay can be important in international child abduction cases, legal advice should be obtained as soon as possible.

A Child Brought to Ireland from Another Country

International child abduction proceedings can also arise where a child is brought to Ireland, or remains in Ireland, and a parent or guardian living in another country seeks the child’s return.

An application may then be made in Ireland concerning whether the child should be returned to the country in which they previously lived.

These proceedings are distinct from ordinary custody or access proceedings. The central question in a Hague Convention case is generally whether the child should be returned, rather than which parent should ultimately have custody of the child. More information can be found here.

Can a Court Refuse to Return a Child?

The Hague Convention provides for circumstances in which a court may refuse to order the return of a child.

These are limited and can involve complex questions of fact and law. Depending on the circumstances, issues may arise concerning consent or acquiescence, the risk of harm to the child, the child’s own objections, or the length of time which has passed since the removal or retention.

Whether any such issue arises will depend upon the particular facts of the case and requires careful legal consideration.

Ireland’s Central Authority for International Child Abduction

Ireland has a Central Authority for International Child Abduction, based in the Department of Justice.

Central Authorities in countries participating in the Hague Convention cooperate in dealing with applications for the return of children. The Irish Central Authority can assist with applications where a child has been removed from Ireland to another Convention country and with applications concerning children brought to Ireland.

Court proceedings may also be required, and specialist legal advice can be important in dealing with the issues arising in an individual case.

What if the Other Country is Not Part of the Hague Convention?

The position can be more difficult where a child has been taken to or from a country to which the Hague Convention does not apply.

The Hague Convention return procedure may not be available, and the options will depend upon the country involved and the particular circumstances. Advice may be required both in Ireland and in the other jurisdiction.

We can work with family lawyers in other countries where this is necessary.

International Relocation and Child Abduction

International relocation is related to, but different from, international child abduction.

A parent may wish to move permanently with a child from Ireland to another country, or from another country to Ireland. Where another parent or guardian does not agree to the proposed move, legal issues can arise before any relocation takes place.

Obtaining legal advice before a child is moved can be particularly important.