Siblings at centre of child abduction proceedings returned to England by their father

The judge was told the children had been taken to Liverpool by their father on a ferry

In what was "a unique case", counsel said that the father had "misled the court". File picture

Three minor siblings who were the subject of child abduction proceedings have been returned to England by their father, the High Court has heard.

Mr Justice Garrett Simons had on Thursday directed the Gardaí to issue a Child Rescue Ireland or CRI alert in respect of Godjoy Da Silva (aged 10), Jeafide Da Silva (aged 13) and Jenovie Da Silva (aged 16).

When the matter returned before the court on Friday, the judge was told the children had been taken to Liverpool by their father Pedro Da Silva, after boarding a ferry from Belfast on Thursday morning.

The court heard that on their arrival to Liverpool the English authorities had stopped and interviewed Mr Da Silva but had not identified any child welfare concerns and no criminal charges have been brought against him.

Mr Da Silva, who gave the English authorities an address in Liverpool, was then released. Any further steps in the matter, is an issue for the English authorities, Mr Justice Simons was also told.

As a result of their return, the judge agreed that the CRI in respect of the three children could be stood down.

On Friday, Anthony McBride SC — appearing with Alex Finn Bl, instructed by solicitors for the Irish Legal Aid Board — for Mrs Da Silva said as the children were back in England it meant the purpose of the child abduction proceedings had been fulfilled.

The bulk of the orders made by the court could now be struck out, counsel said. Counsel said that the An Garda Siochana deserved to be "commended for their diligence" in trying to locate the children.

After liaising with various different authorities in Ireland and the UK the Gardaí discovered that on Thursday, August 10, Mr Da Silva had boarded the 10.30am ferry from Belfast and had arrived in Liverpool around 6pm that evening.

However, in what was "a unique case" counsel said that Mr Da Silva had "misled the court". He had sent emails on Thursday stating that he intended to "fly back with the children" to England that night, while at the same time he was travelling to Liverpool.

Costs

Prior to his departure, Mr Da Silva had acted in "complete contempt" of orders made by the court by not handing over the children to the authorities here, counsel said. In light of those actions counsel said his client was seeking an order directing Mr Da Silva to pay its legal costs of the proceedings.

In addition, counsel asked the court to adjourn the proceedings generally, rather than dismiss them in their entirety, should Mr Da Silva ever return to this jurisdiction with the children.

Mr Justice Simons agreed with counsel and adjourned the child abduction proceedings generally and struck out the bulk of the subsequent orders made against Mr Da Silva. 

Identification

The judge said he was leaving in place his order allowing the media to identify the parties.

The anonymity of the parties had been lifted in order to allow the Gardaí to put the names and images of the children in the public domain as part of their efforts to locate the siblings.

The court said that it would not be correct at this stage to reverse his earlier decision and direct the media to take down articles published about the case.

The issue of costs, the judge ruled, is to be considered by his colleague, Ms Justice Mary Rose Gearty, who had determined and given judgement on the main child abduction proceedings.

Mr Justice Simons said that he did not want to make an order for costs against Mr Da Silva at this point in the proceedings, when he was not present or represented in court.