Case Studies
Custody / Access of a child of a non-Irish resident: Virtual Client Case
Below is a virtual case, similar to many Family Law cases that we are currently undertaking at Malcomson Law. This is not a real case and no real names are used in this article as we believe it will breach our client's confidentiality
Background Information
Clients name: John Dee.
Wife's name: Ms Hagba (Mongolian Citizen)
Child's name:Patrick (DOB: 2005)
Legal Issue: Custody/Access
John Dee & Ms Hagba's Story
Our client, John Dee married Ms Hagba (Mongolian lady) in the Republic of Ireland in October 2007.
There was one child of the marriage named Patrick, who was born shortly before the marriage in 2005.
The marital relationship broke down shortly after the marriage. By agreement the child continued to reside with the mother and the father had liberal access. Difficulties arose subsequently when the child of the marriage was removed with the consent of the client to Mongolia for a visit in February 2007.
In March 2007 Ms Hagba returned without the child and advised the client that the child had been left in Mongolia to be reared by her family.
Various Summonses were issued by the client in relation to custody and access. These Summonses were returnable before the District Court in June 2007. Shortly after they were issued Ms Hagba returned the child to this jurisdiction. The District Court ordered that the child's passport be retained by the Court.
Subsequently an application was made by Ms Hagba to the District Court the following year for the return of the child's passport to allow her take the child to Mongolia for a holiday.
This application was vigourously defended by the client. The client was successful in the application and the Court directed that the passport be continued to be retained by the District Court office and refused Ms Hagba authority to remove the child out of the jurisdiction.
Legal Advice
The Central Authority for Child Abduction operates for the purposes of the Hague Convention on the civil aspects of international child abduction. The purpose of the convention is to facilitate the return of children who have been wrongfully removed from one Contracting State where they are habitually resident to another Contracting State. The problem in this case was that as Mongolia is not a party to the convention the Central Authority had no function. In those circumstances if the child was removed out of this Jurisdiction to Mongolia the chances of the child being returned to this jurisdiction voluntarily are remote.
This case highlighted the very serious difficulties arising when relationships breakdown between couples one of whom is not of Irish birth and in particular where their Country of origin is not a party to any of the conventions re child abduction. Cases of this nature have to be treated with the utmost urgency and applications immediately made to the Courts restricting removal if there is any threat thereof.
Please note that this article is for information purposes only and does not constitute legal advice.
Seeking Family Law Advice
If you would like to discuss family law, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form . A solicitor who specialises in the family law area will contact you to advise you of your legal rights and entitlements.
This news section contains stories of interest from publicly available news sources. Where we are representing the clients referred to in the news material we will say so. Where we do not represent individuals or bodies mentioned or quoted, the inclusion of the news story in our news section is not intended nor should it be taken to imply that we act for the individual or body concerned.