The
main legislation covering child abduction from Northern Ireland are the 1980
Hague Convention and Brussels II Revisited. Both apply to a long list of
countries which have ratified those instruments within their domestic
legislation. We can advise you if this applies in your case.
The
aim of the legislation is to secure the prompt return of a child wrongfully
removed to a foreign country, and to ensure that any issue pertaining to
custody or access will be decided upon in the country which is the child’s
usual place of residence. The Convention aims to promote international
co-operation between nations which may have very differing views and procedures
in their internal laws.
Once a
parent realises that a child has been removed wrongfully, an application for
return of that child should be made through the Central Authority in the
country to which the child has been taken. A process will thereafter be
instigated to bring about the return of the child to the country from which
they have been taken.
Legal
Aid funding is currently automatically available for any parent who is seeking
the return of a child who has been abducted to Northern Ireland under the Hague
Convention, regardless of their financial means – however a parent who has
removed a child from their home country may not be so entitled, and will have
to apply for Legal Aid assistance in the usual way.
If a child has been removed to a country where either the Hague Convention or Brussels II Revisited do not apply, it is possible to make a Wardship application to the High Court, to assist in seeking the return of the child to Northern Ireland.
028 9181 1538 