International Parental Child Abduction
Republic of Ireland April 2002 DISCLAIMER:The information in this circular relating to the legal requirements of a specific foreign country is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel. GENERAL INFORMATION: Absent a court order, married parents in Ireland are assumed to share joint custody of any minor children. In divorce and custodial proceedings, it is rare, but not unheard of, for the father to be awarded custody. The mother of a child born out-of-wedlock in Ireland is assumed to have sole and full custody of the child. If the father's name does not appear on the birth certificate, he may have a difficult time even obtaining access to the child even though he can still be brought to court and ordered to pay child support. A U.S. court order regarding custody is not enforceable in Ireland, but will be taken into account as a courtesy, if presented to the Irish court during a custody hearing in Ireland. The child of an Irish citizen automatically acquires Irish citizenship regardless of where the birth occurred (with a few exceptions). The signatures of both parents are required on an application for an Irish passport for a minor child. If your child has a claim to Irish citizenship, you may be able to prevent the issuance of an Irish passport to your child upon presentation of a court order certified by the clerk of the court. Please contact a consular officer at the Irish Embassy in Washington, D.C. (202-462-3939) for further information. There are also Irish Consulates in New York (212-319-2555); Massachusetts (617-267-9330); Illinois (312-337-1868) and California (415-392-414). The Embassy has an Internet Web site located at http://www.irelandemb.org NEW LAW ON PASSPORT APPLICATIONS FOR MINORS: On July 2, 2001, the Department of State began implementation of the new law (Section 236 of P.L. 106-113) regarding the passport applications of minor U.S. citizens under age 14. Under this new law, a person applying for a U.S. passport for a child under 14 must demonstrate that both parents consent to the issuance of a passport to the child, or that the applying parent has sole authority to obtain the passport. This law covers passport applications made at domestic U.S. passport agencies in the United States and at U.S. consular offices abroad. Exceptions to this requirement may be made in special family circumstances or exigent circumstance necessitating the immediate travel of the child. The purpose of the new requirement that both parents' consent be demonstrated is to lessen the possibility that a U.S. passport might be used in the course of an international parental child abduction. CHILDREN'S PASSPORT ISSUANCE ALERT PROGRAM (CPIAP):
Separate from the two-parent signature requirement for U.S. passport issuance, parents may also request that their children's names be entered in the U.S. passport name-check system, also known as CPIAP. A parent or legal guardian can be notified by the Department of State's Office of Children's Issues before a passport is issued to his/her minor child. The parent, legal guardian or the court of competent jurisdiction must submit a written request for entry of a child's name into the Passport Issuance Alert Program to the Office of Children's Issues. The CPIAP also provides denial of passport issuance, if appropriate court orders are on file with the Office of Children's Issues. Although this system can be used to alert a parent or court when an application for a U.S. passport has been executed on behalf of a minor, it cannot be used to track the use of a passport. If there is a possibility that your child has another nationality, you may want to contact the appropriate embassy or consulate directly to inquire about the possibility of denial of that country's passport. There is no requirement that foreign embassies adhere to U.S. regulations regarding issuance and denial of passports. For more information, contact the office of Children's Issues at 202-736-9090. General passport information is also available on the Office of Children's Issues home page on the Internet at children's_issues.html. THE HAGUE CONVENTION: The Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) came into force between the United States and the Republic of Ireland on October 1, 1991. Therefore, Hague Convention provisions for return would apply to children abducted or retained after October 1, 1991. Parents and legal guardians of children taken to the Republic of Ireland prior to October 1, 1991 may still submit applications for access/visitation to the child under the Hague Convention. All countries party to the Hague Convention have a Central Authority that is responsible for processing Hague applications. Please call the Department of State's Office of Children's Issues at 202-736-7000 with your international parental child abduction concerns. You will be connected to a country officer familiar with Hague Convention procedures in the Republic of Ireland.
1. Do I qualify to apply under the Hague Convention?
You may qualify to apply under the Hague Convention if:
¨ Your abducted/retained child is currently under the age of 16;
¨ Your child was habitually resident in the U.S. prior to the retention/abduction;
¨ Your child was retained in/abducted to the Republic of Ireland after the Hague Convention entered into force with the United States on October 1, 1991; and
¨ You had and were actually exercising a "right of custody" at the time of the abduction/retention. NOTE: You do not need to have a custody order to begin the application process. Submit your completed, signed application as soon as possible.
2. Who is Ireland's Central Authority? What is their role? How can I contact them? The designated Central Authority for the Republic of Ireland is the Department of Justice, Equality and Law Reform. They are located at 43/49 Mespil Road, Dublin 4, Ireland. The international telephone number is 011-353-1-667-0344 and the international telefax number is 011-353-1-667-0367. The Central Authority e-mail address is child_abduction@justice.ie.
3. What attachments/documents must I submit along with the Hague application? Should they be in a specific sequence?
Please note that none of these documents will be returned to you. An application form. A separate application form must be completed for each child. The U.S. Central Authority application form may be found in the 2001 edition of the U.S. Central Authority's brochure, "International Parental Child Abduction." It may also be obtained from the Office of Children's Issues or downloaded from our web site at "children's_issues.html". Please refer to pages 37 through 40 of the brochure for instructions on completing the application form. Remember to sign and date the form. An Article 28 statement. See attached sample on the last page of this flyer. The form does not need to be notarized. This form gives the Irish Central Authority permission to act on your behalf. Certified copy of the child's birth certificate Photographs of the child(ren) and taking parent. Evidence of rights of custody. Copy of the relevant state law or an Affidavit of Law from a licensed attorney or a copy of a court order regarding custody that was in force at the time of the removal or retention. Note: It is not necessary to obtain a post-abduction court order of sole custody to apply for assistance under the Hague Convention. Obtaining such an order may actually complicate your case. Certified copy of the parents' marriage certificate if applicable. Useful, but non-essential documents Evidence of habitual residence. Letters (on letterhead) from child's school, daycare facility and/or physician indicating the length of time the child was in their care. When a child has been retained, any documents that would indicate that the travel was intended to be a visit should be submitted. Such documents might include evidence of round-trip tickets with a return date specified, or letters, e-mails, etc. demonstrating an intention to return. Please remember: · All documents should be typed or very neatly printed in black ink.
· Fill out the Hague application as completely as possible with the information you possess. The physical descriptions of the taking parent and child (Parts I and III) are especially important, and should be completed regardless of the existence of accompanying photos. While passport numbers and social security numbers are helpful, they are not essential.
· Remember to sign and date the application form.
· If you are concerned that the taking parent will flee or hide the child when notified of the proceedings, it is very important that you note this and state the reason for this concern in section VIII of the application or on a separate page. It is helpful if this concern is repeated in a cover letter or note attached to the application. The completed Hague application with supporting documents should be submitted to: By FedEx, DHL, Express Mail, etc.
Office of Children's Issues
SA-29
U.S. Department of State
2201 C Street, NW
Washington, DC 20520-2818
Phone: (202) 736-9090
Fax: (202) 312-9743 By regular mail*
Office of Children's Issues
SA-29
U.S. Department of State
2201 C Street, NW
Washington, DC 20520-2818
Phone: (202) 736-9090
Fax: (202) 312-9743 * - As of February 2002, the State Department is experiencing delays of up to several weeks in the delivery of regular mail due to mandated irradiation against harmful substances. We strongly recommend that Hague application packages be sent by courier such as FedEx, DHL, Express Mail, etc. to ensure prompt delivery. Other time-sensitive documents, such as passport lookout requests, may also be sent by courier, or may be faxed to us at 202-312-9743. Tel: 1-888-407-4747 (Recorded information, access to officers) or 202-736-9090
Fax: (202) 312-9743
Internet: children's_issues.html
4. What is the initial case processing like?
Upon receipt of a Hague application, the Irish Central Authority contacts the Legal Aid Board with a request for the assignment of a solicitor (lawyer) to represent the left-behind parent. The left-behind parent is usually informed of the appointment through the U.S. Central Authority. The left-behind parent (and/or his/her U.S. attorney) and the solicitor usually communicate directly with each other. However, significant communications such as case status reports and requests for documents are usually channeled through the respective Central Authorities. The Central Authority seeks the assistance of the Garda Siochana (National Police) to confirm the location of the child and taking parent or to locate them if their whereabouts are unknown. Once a child is located and depending upon the circumstances, the authorities may encourage a voluntary return or an amicable resolution of the issues.
5. How is the return decision made?
All applications for return under the Hague Convention are made to the High Court. The High Court has a maximum limit of 26 judges, but in practice, only a limited number of those judges deal with Hague cases on a regular basis. A taking parent may appear in court. However, as a general rule, only affidavit evidence is permitted. Oral evidence is rarely permitted although it may occasionally be heard. The Court has a wide jurisdiction either to direct immediate execution of an order or, if it is so minded, to set terms for deferred execution. High Court orders are usually enforced through contempt proceedings, whereby the party disobeying the order may be arrested and brought before the Court. In some instances, the disobeying party is sent to prison.
6. How long is the process going to take?
The Convention requires that cases be heard expeditiously. On average, most cases take between one and six months to resolve. However, the length of time required depends entirely on the circumstances of each individual case. For example, is the location of the child and the taking parent known? Will the taking parent consent to returning the child voluntarily? Are there many arguments and counter-arguments that need to be examined by the Court?
7. Do I need a lawyer? How do I find a lawyer in the Republic of Ireland?
It is unnecessary for a left-behind parent to retain a private lawyer in Ireland. The Central Authority will arrange for a solicitor (attorney) to represent you in your Hague return application. You will not be charged for such representation. A left-behind parent may retain his/her own solicitor and file a Hague return application directly with the High Court. In that case, the left-behind parent is responsible for all legal costs.
Information on retaining a foreign attorney and attorney lists are available from the Office of Children's Issues or can be downloaded from our Web site. 8. What costs will I incur? The Irish Central Authority arranges for the provision of legal aid connected with the application for the return of a child if the application is filed with the Central Authority. The left-behind parent may be asked to cover the cost of the return airfare for the child, if there is an order for return. Depending on the circumstances of an individual case, a Court may order the taking parent to cover these costs. If a left-behind parent wishes to conduct his/her own case, he/she is responsible for all expenses incurred.
9. Can I get pro bono legal assistance?
It is not necessary to seek pro bono legal assistance as the Irish Central Authority automatically arranges for the provision of legal assistance regardless of means.
10. Can I appeal a decision? How?
The Irish Supreme Court hears appeals in Hague Convention cases. The child remains in the jurisdiction until the appeal is ruled upon. The length of time added to the process by an appeal depends on the circumstances of each individual case. However, every effort will be made to process the appeal expeditiously.
11. How are applications for access handled?
Applicants are advised that legal aid is not automatically available in respect to access applications made under Article 21 of the Convention. Applicants seeking access are informed about alternative options under domestic legislation.
Criminal Remedies: For information on possible criminal remedies, please contact your local law enforcement authorities, or the nearest office of the Federal Bureau of Investigation. Information is also available on the Internet at the web site of the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention at http://www.ojjdp.ncjrs.org. You should be aware that filing criminal child abduction charges in the United States against a taking parent could jeopardize an Irish Hague Convention case. | 
