70 cases of child abduction last year

Around 70 cases of child abduction by a parent, involving 97 young people, were reported to authorities last year.

The Department of Justice has confirmed the Central Authority for Child Abduction dealt with 94 cases during 2004, including 24 cases brought forward from the previous year.

Minister for Justice Michael McDowell confirmed most of the cases involved disputes in which a parent had removed a child from one state to another in defiance of a court order granting custody or access rights to the other parent.

The applications to the Central Authority in 2004 included 49 incidents of abduction to the state from other countries and 45 cases of children being taken to other countries.

Mr McDowell said the 70 cases reported last year, represented an increase of four cases on the number reported in 2003.

The Central Authority in the Justice Department operates under the Child Abduction and Enforcement of Custody Orders Act, 1991.

This Act brings into place the Hague and Luxembourg Conventions on child abduction, which 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 also a provision under the Luxembourg Convention to ensure a custody or access order granted in one contracting state is enforced in another.

The Central Authority for Child Abduction said 66% of the new applications involved the UK, 7% involved remaining EU member states, 9% the US and 18% other states.

The number of cases brought to the Central Authority is 1,001 – while the number of children involved stands at 1,652 – under the Child Abduction and Enforcement of Custody Orders Act between 1991 and December 2004.

Of the cases of reported abductions into the state from other countries, in 11 instances the High Court last year ordered the return of the children.

In three cases the court refused the return of a child, but one of the children was later returned voluntarily.

In another 11 instances the children were returned voluntarily, five applications were withdrawn and 16 cases were still waiting to be resolved at the year end.

There were nine cases where foreign courts ordered the return of children to Ireland after they had been removed to another country.

In three cases the foreign court refused the return of the child, in nine cases the children were returned voluntarily, six applications were withdrawn and 16 cases were awaiting resolution.

In another two cases the Central Authority in the states concerned refused the applications.

The Hague and Luxembourg Conventions required the setting up of a central authority in each contracting state.

If a child’s removal from the state to a convention country comes within the terms of either agreement, the Irish Central Authority liaises with its counterpart to have the child returned either voluntarily or following court proceedings in that country.

The Central Authority helps an applicant to avail of the provisions of the Conventions by assisting the completion of an application and monitor its progress.