EXPERT INSIGHTS ON FAMILY LAW
FAMILY LAW:
What do I do if my partner takes my child out of the country?
Reports about child abduction are more common these days with an increased number of mixed marriages. Tug O’ War battles occur between one party in Ireland and another abroad and all over custody of their child. You often read about one party working and living abroad who has brought the child back to their adopted country without the permission of the mother.
Abduction of a child happens when any child under 16 years is removed from its legal guardian without that person’s permission.
International child abduction can be even more harrowing and happens when a child is taken out of the country where it and its legal guardian live and taken to a completely different country.
A parent who wants to relocate a child back to another country cannot do so without the consent of the mother unless he applies for and obtains a court order.
The laws which apply to cases of international child protection are The Hague Convention and certain EU regulations now adopted into Irish law. The EU regulations only apply to cases within EU countries while The Hague Convention, to which more than 100 countries subscribe, applies only to countries outside the EU.
The laws are essentially based on two principles:
1. The child must be returned to their habitual residence (where they normally live) immediately.
2. The local courts where the child normally resides are the most appropriate courts to decide what is in the best interest of the child.
In Ireland, the Department of Justice (child abduction unit) is the authority for managing the return of any abducted children to the country where they normally reside.
Child abduction is a criminal offence and, if you believe your child could be at risk of abduction, you should contact the Gardai and get legal advice as soon as possible.
If your child has been internationally abducted, you should contact the Department of Justice immediately to set in train the procedures required in the country to which the child has been abducted.
The Department can assist parents in this situation by:
1. Collecting all critical documents and sending the necessary application form to its foreign counterpart.
2. Providing all further information to the foreign authority.
3. Translating any foreign documents.
4. Providing regular updates to the parent left behind.
5. Assisting with applications for legal aid.
6. There are no charges for this service.
In a worst-case scenario, where your child has been abducted from Ireland and brought to a country that has not signed up to the Hague Convention, you contact a solicitor in Ireland immediately to get advice on what legal proceedings may be necessary in the Irish courts to get your child returned.