High Court to hear landmark custody case today

The High Court will today hear one of the most important family law cases to come before the courts in recent years.

“Mr G” is seeking to have his children returned to the state and his care after they were taken from him when his then partner of three and a half years left their midlands home on New Year’s Eve 2006 and subsequently moved abroad with the children.

The father contends that this was done without warning, and without his knowledge or consent.

Former Tánaiste and Minister for Justice Michael McDowell will be the senior counsel acting for Mr G.

Mr G sought their return at a District Court sitting, however, as the children were in the UK at the time of the hearing, application for their return would have to be made in the courts there, and the case at District Court level has been adjourned.

On the July 2, 2007 at the Royal Courts of Justice in London, Ms Justice Mary Hogg made legal history when she ruled that she did not have jurisdiction to make a ruling in the matter and ordered that Irish authorities state whether the removal of the children from the Irish State was lawful under Article 15 Of the Hague Convention 1980.

This is the article that deals with inter-country removal.

As Mr G was not married at the time the children were taken, in law he has no rights whatsoever when it comes to his children.

This case is the first of its kind to test whether that position is flawed constitutionally.

The hearing is expected to last today and tomorrow.

If the case is appealed it will go to the Supreme Court, which can be appealed further to the European Courts, with a final outcome some way down the road.