There were 64 cases of children being abducted from Ireland last year


September 12 , 2014

Source: thejournal.ie

THE DEPARTMENT OF JUSTICE dealt with 109 new cases of child abduction last year, 45 relating to children entering the country and 64 leaving.

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The department acts as the Central Authority for International Child Abduction and its annual report says that, in total, they dealt with 208 new cases last year.

This total also includes cases of  care orders and access applications as well as international child placements.

Including ongoing cases, the authority dealt with a total of 346 cases in 2013.

The abductions related primarily to suspected parental child abductions according to Minister for Justice Frances Fitzgerald.

“Parental child abduction is a growing problem globally reflecting the greater mobility of people around the world and all the consequences of this,” she said today.

Ireland is no different and it is important that we are proactive in working with central authorities in other states in resolving complaints regarding international parental child abductions where they arise.

About half of the cases dealt with last year related to abductions to or from the United Kingdom.

Of the 138 ongoing cases of child abduction, 51 were incoming and 87 were outgoing.

Upon the publication of the report, Fitzgerald said that she hoped many cases could be resolved by families themselves but added that, in most cases, legal remedies are required.

“The resolution of issues around parental child abduction is usually by international law,” she said. “But I would encourage any family to try to resolve their differences before such situations arise and avail of the services available to mediate solutions in the best interest of the children and all those involved.”

Fitzgerald advised families that the Family Mediation Service in the Legal Aid Board can help families reach agreement without having to resort to court.

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Woman who abducted sons from Ireland now in road accident, passenger dead


October27, 2013

Source: zambianwatchdog.com

The true nature of a child abducting parent

Elizabeth Daka, the Zambian woman who is facing criminal charges in Ireland for allegedly abducting her Irish-born sons to Zambia has been involved in a road accident.

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The accident happened near Manda Hill at 14 hours today and the passenger who was with Elizabeth died on the spot.
Elizabeth is said to have been drunk when she was driving the vehicle. She survived with only minor bruises but her friend, a ZESCO employee, had her skull opened by the crash and died instantly.
According to information received, both Elizabeth and her friend-passenger were not wearing seat belts.
‘Elizabeth was drunk and speeding and tried to make a turn but crashed into a drain,’ said a source.
Elizabeth Daka had two sons, Ethan Quarry, 6, and Troy Daka-Beary, one-year-11 months, with two different Irish men while in Ireland but decided to move back to Zambia three months ago without informing the children’s fathers.

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When he came to look for his children, Richard Quarry, who is still married to Elizabeth, claimed his wife had a history of alcohol abuse, child neglect and depression, adding that she might put the children in danger.
Now Elizabeth faces a possible charge of causing dearth by dangerous driving.

 

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International Parental Child Abduction : Fathers pay price when mothers take children


Source: Irish Times – Irishtimes.com

JOHN WATERS

DESPITE ONE-THIRD of births occurring in non-marital relationships, unmarried Irish fathers remain deeply ignorant of their legal situation.

Under Irish law, such fathers have no automatic right to the day-to-day care of their children (“custody”) or to a say in the upbringing of their children (“guardianship”). What they have is the right to apply to a court, which may then extend rights of guardianship and custody according to the nature of the relationship between the child and the father, a matter almost invariably dictated by the attitude and behaviour of the gatekeeper-mother.

Although mischievous agents propose that the high numbers of Irish unmarried fathers neglecting to apply for guardianship is evidence of indifference, the fact is that many fathers, reluctant to initiate legal proceedings that might create a conflict where none exists, tend to leave well alone.

This leads to extreme difficulties when mothers abduct children to other jurisdictions and fathers find themselves bereft of legal standing.

Almost all European countries now make legal provision for the concept of the “de facto family” – which extends legal recognition in situations in which unmarried parents and their children have lived together in quasi-marital situations. This can enable an unmarried father who has no formal guardianship order to invoke the Hague Convention in the event that his child is abducted. Irish law is noticeably out of step in the recognition of such “inchoate rights”.

The man in the street may attribute this circumstance to oversight. Alas, it arises from the ideological outlook of the Irish State, which is determined to withhold from unmarried fathers anything but the most minimal recognition forced upon it by international law.

The lay person, too, might surmise that, all things being equal, the objective of the Irish State will always be to strive towards just and equitable resolutions, subject only to whatever legal impediments may arise.

Alas, in abduction situations where the abductor is the mother, such an assumption would be mistaken.

In fact, the pattern of behaviour by the Irish central authority in these matters – ie the Department of Justice – is to turn its back on fathers whose children have been abducted, even when the destination country is reluctant to accept jurisdiction.

This policy became clear over the past 18 months, in a case arising from the refusal of a mother to bring her two children back to Ireland after a summer holiday in New York. For six years the father had lived in Ireland with his children, in virtually every respect as though married to the mother. In August 2010, the mother told him she and their two children would remain in New York, where she was moving in with a man she had met on Facebook.

The children had been born in New York, which meant that the father was their legal guardian under US law. He had the right to apply to a New York court, but felt that to do so would be to acquiesce in what had happened.

He wished to have the matter adjudicated in Ireland, where his children had lived almost all their lives. He approached the Department of Justice but was told that, since he did not have guardianship here, there was no legal recourse under the Hague Convention.

Proceedings were initiated in New York by the mother, while the father began seeking guardianship under Irish law. In November 2010, he was granted a guardianship order. Because this application was initiated within a statutory six-month period stipulated by New York law – in effect confirming the children were for legal purposes still habitually resident in Ireland – and since the father continued to reside here, the New York court ruled that the case should be determined by the Irish courts.

All that was required was for an Irish court to issue a temporary custody order in favour of the father, and the New York court could have ordered the return of the children here.

The next step was to persuade the Irish court to do the decent thing. Three hearings, in August, October and November 2011, were adjourned in turn because the judge was away. Although it was implicit in the New York decision that, by issuing a guardianship order, the Irish court had already accepted jurisdiction, the Irish judge refused to communicate with his counterpart in New York.

Instead, in the end, he wrote to the New York court handing over jurisdiction, unwittingly confirming that, contrary to the assertions of the Department of Justice, the Irish court already had jurisdiction. Thus, in December, this Irish father was forced to surrender to the jurisdiction of an American court.

These Irish proceedings, involving 12 court appearances and nine different judges over 15 months, cost this father more than €20,000.

For years I have been meeting men like this, trying to help them deal with the inscrutable processes that “legal advice” forbids me from describing in the only terms I can adequately and reasonably describe them.

I observe with dismay that things are growing worse, not just in the treatment of such men and their children, but even more ominously in the studied avoidance of these matters by other journalists who make much of calling authority to account except here, where the sleep of justice is more implacable than anywhere else.

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