Unmarried father wins battle to have twins returned

An unmarried father today won his battle to have his twin boys returned to Ireland from the UK where they had been taken by their English mother.

High Court judge Mr Justice Ryder, sitting in London, approved an agreement between the parents over the return.

Court proceedings will continue in Ireland over the future of the boys who will be returned by their mother in January.

In a statement to the media after the private hearing, the judge said: “This court has considered an application in relation to the same facts that led to the decision of the Supreme Court of the Republic of Ireland and this court has approved an agreement reached consequential on the Supreme Court decision which will facilitate a return of the children to the Republic of Ireland for further proceedings there.”

He said the identities of the parties cannot be published.

Donmacha Murphy, of the Irish Government-funded 'Unmarried Fathers of Ireland', said on behalf of the father, identified only as Mr G: "We are happy with the decision. The children will be returned to Ireland but it is unfortunate they won't be back for Christmas.

“Mr G was the primary carer but we don’t see any difference in gaining a joint custody order in Ireland.

“This never would have happened if Mr G had been married.

“The children of married couples are on a constitutional pedestal but those of unmarried parents have no protection.”

The father already had the backing of the High Court in Ireland which ruled the three-year-old boys were wrongfully taken out of the jurisdiction.

Lawyers say the case could redefine the status of unmarried fathers under Irish law – they historically had no legal rights over children born outside marriage unless appointed a legal guardian.

The father had been with the mother for three years when the woman, known as Ms O, took the twins to Manchester where her parents lived.

Mr G claimed in the court in Ireland that the children were taken without his consent and without warning.

He also applied to the High Court in London, where Mrs Justice Hogg said in July this year that she did not have the jurisdiction to make a decision on the case as it was a constitutional issue for the Irish courts.

She said the Irish High Court should make a ruling on whether the removal was unlawful under the Hague Convention.

The Irish High Court’s decision in the father’s favour was upheld by the Supreme Court of Ireland.

In the High Court in Ireland, Ms O, a professional singer who also worked in the Civil Service, disputed that Mr G was the primary carer but conceded he did undertake parental responsibilities for the twins and her child from a previous relationship.

Mr Justice McKechnie said Mr G had performed duties and accepted responsibilities over the children which were indistinguishable from the activities of a married father and should be treated as having rights of custody.