What is child abduction?

When a child is removed from the person who has the legal right to custody of the child without that person’s consent it is called child abduction.

What is international child abduction?

When the child is taken out of the country or is kept in another country where they are visiting it is called international child abduction.

How do I get my child back if they have been abducted?

Immediately contact a lawyer. We deal with cases of child abduction and international child abduction in this firm, call Keith on 01 455 4723

Child Abduction in Ireland

A good example of the types of cases we deal with for child abduction in Ireland is where a parent takes a child without the custodial parent's permission or more often than not refuses to return the child to the primary carer. First we advise clients to alert the Gardai and then we will contact the other parent if possible and request return. If the child is not returned then we immediately apply to the court for the child to be produced. This applications are usually successful. If there is any issue about the child's safety the Gardai and Tusla should be immediately informed. Thankfully in many cases the child's safety is not an issue, however we advise clients never to be too careful when it comes to child safety. 

International Child Abduction 

The Non-Fatal Offences against the Person Act 1997 deals with the crime of international child abduction and a parent or anyone else who is found by a court to have unlawfully abducted (internationally) a child will be convicted of the offence. 

International law applies to International Child Abduction and both international Conventions and a European Union (EU) Regulation set out the rules that apply. The EU Regulation applies in EU states and between there where both countries are members.  An international Convention applies to cases to which the EU Regulation does not apply. (See 'Return of the child' below)

unlawful removal from a country means taking a child is taken out of the country in which the child and the person who has the legal right to custody normally live  and kept in another country where the child is visiting means the child is unlawfully retained in a country.

In many cases the person taking the child is often one of the child’s parents.

Main concern is the safe return of the child

The number 1 goal in international child abduction cases is the safe return of the child. The international conventions and the EU Regulation which deal with the return of the child say :

• The child should be returned to his/her habitual residence as soon as possible.
• The courts of the jurisdiction in which the child is habitually resident have jurisdictioin to decide what is in the best interests of the child. This means that disputes about access, custody, maintenance, should be decided in the country where the child is habitually resident.Habitually resident means where the child normally resides. 

2 very basic systems for International Child Abduction

a. If both countries are in the EU

b. If one country is not in the EU 

a. if both countries are in the EU then the EU Regulation on international abduction of children applies 

Jurisdiction

The court in the member state of the child’s habitual residence before the abduction retains jurisdiction to deal with the case with some exceptions.

Co-operation between EU countries 
A system of co-operation between EU countries is in place. EU countries must communications between the courts of the relevant countries and must facilitate agreements between parents through mediation or other means.

Recognition and enforcement
Court decisions made in one member state must be recognised and enforced in another member state. The court in the other member state may refuse to recognise the order only in special cases.

he cases of child abduction, it is not necessary to go through the court procedure for recognition. If you have custody of a child and your child is abducted to another member state, you may apply to that state for the return of the child. The court of the member state to which the child has been abducted can only refuse return of the child in limited circumstances.

In most cases the court must order the immediate return of the child.

If both countries are not members of the EU then a different set of rules will apply. 

• for further information contact Keith Walsh solicitor, 01 455 4723 keith@kwsols.ie