Court urged to expedite child custody appeal

An English judge has asked the Supreme Court to deal as quickly as possible with the case of an unmarried father who is seeking…

An English judge has asked the Supreme Court to deal as quickly as possible with the case of an unmarried father who is seeking the return of his twin boys to Ireland.

Mr G has taken court action here and in Britain against the mother of his two-year-old sons who took the children to England without his consent or knowledge in January.

He requested the High Court in London yesterday to have the children returned to Ireland under The Hague Convention on child abduction.

When the case was first heard before the High Court in London on July 2nd, the then judge, Mrs Justice Mary Hogg, requested a declaration from the Irish courts that the children were unlawfully removed from Ireland.

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Under Article 15 of the convention a state can ask another state for such a declaration.

A declaration that the children's continuing presence in Britain was unlawful was made by Mr Justice Liam McKechnie in the High Court here last week.

The judge said the retention of the children in Britain was a breach of Mr G's custody rights and of the custody rights of the Trim District Court when Mr G made an application for custody of the children on March 9th.

However, the decision has been appealed to the Supreme Court by Ms KAO, the mother of the children.

She maintains that she sought legal advice from the Garda, solicitors and barristers before removing the children from Ireland, and had acted in good faith at all times.

Last week Ms KAO's counsel, Sonya Dixon, said the mother wished to appeal to the Supreme Court "as soon as possible".

In the High Court in London yesterday, Mr Justice James Holman granted an adjournment to the case until the middle of next month.

He said the adjournment was to allow for a date to be set for the Supreme Court appeal.

The judge said that the children had been in Britain for more than nine months and he said that matters under The Hague Convention were usually dealt with as speedily as possible.

The court was told that the case would come for mention before the Supreme Court on either October 4th or 5th next when a date for an appeal will be set.

The judge urged that the matter be dealt with as expeditiously as possible.

Ronan McGreevy

Ronan McGreevy

Ronan McGreevy is a news reporter with The Irish Times