Child Abduction

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The Child Abduction and Enforcement of Custody Orders Act 1991 delegates the force of law in Ireland to the "Hague" and "Luxembourg" Conventions on Child Abduction.

These conventions are convened to facilitate the return of children who have been taken from one contracting state to another against the wishes of a parent. In addition, there is provision under the Luxembourg Convention for a custody or access order granted in one contracting state to be recognised or enforced in another contracting state.

The proceedings instituted under the Hague Convention are intended to be completed in a speedy fashion. The Supreme Court has expressed its concern about delay in issuing the proceedings and such a delay can result in the refusal by the court to return an abducted child.

Irish Central Authority

An application in respect of a child abducted into the state must be addressed to the Irish Central Authority at the Department of Justice, Quality and Law Reform. They can be contacted on + 353 1 602-8202.

The Irish Central Authority provides legal aid to all applicants for the return of a child to another jurisdiction. Respondents are not automatically entitled to legal aid and must be means tested to apply for legal aid.

Application to the Court

Applications under the Hague/Luxembourg Conventions are taken in the High Court. However, if there is a threat of abduction of a child an application can be made to the District Court, Circuit Court or High Court for various orders such as sole custody, injunctions restraining removal out of the jurisdiction, orders regarding passports etc.

The legislation in relation to child abduction is complex and it is essential that parties obtain immediate legal advice.

Seeking Family Law advice

For further information, please contact Malcomson Law by calling 01 8744422 or by filling out an Online Enquiry Form. A solicitor who specialises in Family Law will contact you to advise you of your legal rights and entitlements.