Delay in landmark unmarried father case

An unmarried father who is seeking to have his two-year-old twin boys returned from England will have to wait until this morning for judgment in the case.

Mr Justice Liam McKechnie was due to give his ruling in a potentially landmark judgment for unmarried fathers yesterday, but it was postponed because all the parties were not notified.

The two children were taken to England in December by their mother. Mr G is seeking the return of the children under the terms of the Hague Convention which covers child abduction.

Under the convention, a parent must prove that he or she had a right of custody at the time of a child's removal in order to claim parental responsibility.

During the two day hearing, which concluded at the end of August, Mr G argued that unmarried fathers have the same rights as married fathers under the terms of the European Convention on Human Rights, which was incorporated into Irish law in December 2003, and that the convention makes no distinction between married and unmarried families.

The former minister for justice Michael McDowell SC, who is representing Mr G, said there had been an "oversight" in relation to all the parties being present for the judgment. Mr McDowell was granted an adjournment until this morning.

The boys' mother, known in the case as "O", is in England and was not present in court yesterday.

Mr Justice McKechnie said it was "essential" that all parties involved in the case were given a chance to travel "from England and elsewhere". The written judgment will be delivered at 11am.